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(영문) 의정부지방법원 고양지원 2014.10.07 2014고단1116

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On May 9, 2013, the Defendant was sentenced to four months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (competence) in the Goyang Branch of the Jung-gu District Court (Seoul District Court), and completed the execution of the above sentence on July 22, 2013.

【Criminal Facts】

On March 27, 2014, at around 04:02, the Defendant was under the influence of alcohol in D cafeteria located in P Kaju City, and the Defendant posted a time fee to E in the location of the victim by the hamba, who was ordered, without any specific reason, stating that “the hamba will dr??” If the hambr's packaging site was removed, the hambr was removed, the hambr was laid down on the floor, and the hambr's table was able to become an employee on his name.

On the other hand, the Defendant continuously obstructed the victim’s restaurant operation by driving a disturbance, such as smoking tobacco in the indoor area and taking a bath to “I see”, and by force for about 20 minutes, the Defendant obstructed the victim’s restaurant operation.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A investigation report (CCTV image data);

1. Four copies of the photograph;

1. Previous convictions indicated in judgment: Criminal records, replys to criminal records, investigation reports (Attachment to judgments, etc.), judgment, and application of Acts and subordinate statutes of the relevant Acts and subordinate statutes;

1. Article 314(1) of the Criminal Act applicable to the crime, Article 314(1) of the choice of a sentence, the selection of a fine (including imprisonment with prison labor and several times for an excessive violent crime, and the commission of the crime of this case without being able to commit the crime even though it is a repeated crime; however, the confession of the defendant is made; and the attitude of obstructing the business of this case is not serious)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.