beta
(영문) 울산지방법원 2017.03.09 2016고단4257

업무방해

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【2016 Highest 4257 【Defendant’s 20:50 on September 27, 2016, the Defendant, while drinking alcohol at the “E restaurant” restaurant of the victim D’s operation in Ulsan-gu, Ulsan-gu, Ulsan-gu, U.S., the Defendant provided a bath to the booming customer who was under the influence of alcohol, boomed by the victim, and prevented the victim from doing so.

The defect gets off the disturbance, such as breaking the voice of this house, and the victim got out of the restaurant, and the police officer re-confiscing the defect, which entered the restaurant and re-confising the garnish, as the 112 police officer re-confiscing.

It was difficult to avoid disturbance, such as "I am off the house customers," and scaming the above restaurant table by hand.

The Defendant, by force, interfered with the victim’s restaurant business.

[2017 Highest 149] On December 20, 2016, the Defendant asserted that, at the expense of the first floor of G hospital in Ulsan-gu, Ulsan-gu, G Hospital, the first floor of which was provided medical treatment at the outside of the fixed body, the Defendant took care of and treated in the outside of the fixed body without any specific reason, and obstructed the victim’s hospital service by force by avoiding disturbance for about one hour and 30 minutes, such as taking the name tag of the victim H (the 51 year old) of the above hospital.

Summary of Evidence

【2016 order 4257】

1. Statement by the defendant in court;

1. Statement made by the police against D 【2017 Senior Order 149】

1. Each legal statement of the witness H, I, and J;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant was sentenced to one year of imprisonment by reason of interference with the same kind of duties, interference with the performance of official duties, etc., and the Defendant repeatedly committed the crime during the period of repeated crime is a very unfavorable condition that does not consider the sentence.

However, the victims do not actively want the punishment for the defendant, and the extent and time the operation of the above restaurant and hospital is hindered.