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(영문) 인천지방법원 2015.11.26 2015고단5444

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 5444"

1. On August 15, 2015, the Defendant ordered the victim’s alcohol and alcohol to the victim at E beverage house operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon.

However, the defendant did not have cash, and there was no credit card that can pay food, so there was no other credit card, so there was no intention or ability to pay the price even after being provided with alcohol and food from the victim.

The Defendant received from the victim the alcohol and the alcohol that amount to KRW 150,000 in total to the market price of the two weeks of Sibari and one Si of Sibari, etc. around that time.

Accordingly, the defendant was given property from the victim by deceiving the victim.

2. The Defendant interfered with his duties by force over about 30 minutes, such as the date and time set forth in paragraph (1), and in a place under the influence of alcohol, she laid the breath on the floor, broken the breath, cut the micros of other customers, etc., thereby obstructing the said victim’s drinking house business.

around 14:20 on September 20, 2015, the Defendant driven a Fworksty taxi under the influence of alcohol by 0.239% from the 5km section of approximately 5km to the front day of the leading39% of blood alcohol level in the direction of the same military from the street to the top day in front of the front Yacheon-gu, Seocheon-gu, Seocheon-gun, Seocheon-gu, Seocheon-gu, Seocheon-do.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. Statement made to D by the police;

1. Receipts "2015 Highest 6868";

1. Application of Acts and subordinate statutes to the notification of the result of drinking control;

1. Relevant statutory provisions of Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 148-2(2)1 of the Road Traffic Act, Article 44(1) of the Road Traffic Act, the choice of imprisonment for each of the types of crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act shall be based on probation and community service order.