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(영문) 수원지방법원 안양지원 2015.08.13 2015고단843

업무방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The contents of the crime shall be revised and supplemented to the extent that it is deemed that the identity of the facts charged is recognized and that there is no risk of actual disadvantage to the defendant's defense right.

On October 23, 2014, the Defendant was sentenced to eight months of imprisonment with labor for the crime of interference with business, etc. at the Ansan District Court’s Ansan Branch on January 1, 2015, and completed the execution of the sentence in the Ansan Prison.

On June 2, 2015, from around 03:00 to 06:00, the Defendant expressed a bath to F and G as an employee under the influence of alcohol at the “E restaurant” of the victim D’s operation “E” in Ansan-gu, “F and G, who are the employees of the Republic of Korea, in the form of alcohol”, with the large voice of “grasing, smoking, chewing, and drinking,” and on the one hand, wanting to gather half of that half of that half of that broadcast by hand, while having the employees, she broken out that part of the case where there are customers.

Although the facts charged are stated that “the statement shall be made to see the door off,” the G’s statement (102-103 pages of investigation records), investigation report (104 pages of investigation records), and CCTV photographs (105-116 pages), it appears that the Defendant left the door to knee and left the door to knee and avoided the disturbance. The evidence submitted by the prosecutor alone does not support the fact that the Defendant exceeded the door and presented the door to kne, and there is no other evidence to prove the fact that the Defendant exceeded the door at the time and place of the judgment of the Defendant.

However, as long as it is found guilty of the crime of interference with business in the E-cafeteria as in the judgment on the relation of such crime, this part of the facts is not recognized, and it is not sentenced to innocence separately from the facts of crime.

On the other hand, the defendant continued to refrain from being able to become customers or entering into the country by bringing a disturbance, such as bringing the workers who control the disturbance to a large sound.

In this respect.