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(영문) 인천지방법원 2015.06.01 2015고정106
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Interference with business;

A. On February 26, 2014, the Defendant: (a) around 09:15, at the D restaurant operated by the victim C, in Seo-gu Incheon, Seo-gu, Incheon, the Defendant took a bath for the victim; (b) obstructed the victim’s restaurant business by force by avoiding the disturbance between about 15 minutes, such as taking an article, and allowing customers in the said restaurant to leave, thereby hindering the victim’s restaurant business.

B. On February 26, 2014, around 09:30 on the Seo-gu Incheon, the Defendant interfered with the victim’s restaurant business by force by failing to enter the said restaurant by avoiding the disturbance for about 2 hours, such as bringing the victim G who is an employee of the said restaurant in large interest, etc. at the F restaurant located in Seo-gu Incheon Metropolitan City.

2. On February 26, 2014, at the above F cafeteria around 09:30 on February 26, 2014, the Defendant drank two soldiers who were in the cooling house and breath at the same time.

However, the defendant did not have an intention or ability to pay the drinking value because he did not have cash, etc.

As above, the Defendant, by deceiving the victim as above, received 2 soldiers from the victim with a view to the amount of 2,000 won at the market price, and did not pay the drinking value, etc., thereby acquiring economic benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement G and C;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Relevant Article 314(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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