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(영문) 대전지방법원 2017.06.22 2017고단1084

업무방해등

Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to six months of imprisonment with labor for a crime of violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the Incheon District Court, and completed the execution of the sentence in Daejeon Prison on May 28, 2015.

Criminal facts

1. On February 19, 2017, the Defendant obstructed the victim’s restaurant business by avoiding disturbance for about 2 hours and 30 minutes, including singing, and thereby obstructing the victim’s restaurant business by force. Around 09:30 on February 19, 2017, the Defendant: (a) entered the victim D (Inn, 54 years old; (b) 54 years old; and (c) made drinking to the E cafeteria; (d) booms the customers and employees of the cafeteria; and (e) b) took a bath to the cafeteria; and (e) b) obstructed the victim’s restaurant business by force.

2. The Defendant violated the Punishment of Minor Offenses Act (the violation of the official order cancellation column) (the violation of the official order) on February 19, 2017, to police officers who were working in the middle-ro 661-1 while being drunk in the middle-ro fleet of Daejeon on February 12:10, 2017 at the middle-ro 661-1, who were under the influence of alcohol at the station where he was in service at that place, not to be a police officer:

A. A. A. B. B. B. B. H., f., a bitch bitch bitch bitch bitch bitch f. B. B. A. B. B. D., f. f., f., f., f., f., f., f., f., and f., f., f., f.,

Summary of Evidence

1. Statement by the defendant in court;

1. A statement and a written statement of F and G preparation;

1. Arrest report, investigation report, and photograph of the place of crime;

1. Previous convictions: Application of the provisions of Acts and subordinate statutes concerning the results of inquiry, such as criminal history, text of judgment and personal confinement;

1. Relevant provisions of the Criminal Act and Article 314(1) of the Criminal Act (Interference with business, choice of imprisonment, and option of punishment) concerning the facts constituting an offense, and Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbing public order, and choice of fines);

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to a violation of duties);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order