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(영문) 의정부지방법원 2016.01.19 2015고단3605

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 3605] The Defendant, from around 23:00 to 23:55 on September 4, 2015, 2015, around D main places operated by the victim C (Inn, 60 years of age) in the city B and the second floor of his own government from around 23:00 to around 23:55 of the same day, the Defendant laid down the beer neck at the floor of the Defendant’s application form for singing, and laid down the beer neck at the bottom, and let the customers leave the place.

Accordingly, the defendant interfered with the victim's main role by force.

[2015 Highest 4372] On October 31, 2015, the Defendant ordered the Defendant to provide alcohol, alcohol, etc. as if he/she would have paid the amount of food, alcohol, etc. in the singing room in the House F operated by the Victim E.

However, in fact, the Defendant did not have cash to pay the above-mentioned cost of alcoholic beverage and food, and there was no intention or ability to pay the food value, drinking value, etc.

The Defendant, as such, by deceiving the victim, received food, beverage, etc. equivalent to KRW 200,00 in total from the seat.

Summary of Evidence

[2015 Highest 3605]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs (2015 Height 4372);

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Receipts:

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (Interference with business), Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act (the fraud), and the choice of imprisonment (the commission of a fine of KRW 1.2 million on August 27, 2015), immediately commits the instant crime even if a person was sentenced to a fine of KRW 1.2 million due to fraud

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

1. Article 62 (1) of the Criminal Act on the suspended execution;