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(영문) 대구지방법원 2017.11.10 2017고합154

업무방해등

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

A person who applies for a medical care and custody shall be punished.

Reasons

Punishment of the crime

[criminal records] On November 27, 2014, the Defendant and the Defendant-Appellant for the medical care and custody (hereinafter “Defendant”) were sentenced to imprisonment with labor for not more than ten months at the Busan District Court for fraud, and completed the execution of the sentence on September 20, 2015.

[Criminal facts] 2017 Gohap 154

1. On March 9, 2017, the Defendant: (a) around 21:00, the victim D(E) operated in Daegu Northern-gu, Daegu-gu, Daegu-gu, (b) was unable to have an intent or ability to pay the amount to pay the amount to the victim even if the Defendant was unable to receive alcohol or alcohol from the victim due to the lack of cash or credit card payment means; and (b) was ordered to pay the amount to the victim.

Accordingly, the defendant deceivings the victim as above and obtained approximately KRW 19,00 from the victim with the delivery of approximately KRW 19,00 from the victim.

2. The Defendant, at the time and place specified in paragraph 1, interfered with the victim’s duties by force for about 1 hour and 10 minutes and over 10 minutes, who is demanded by the injured party to pay the drinking value. The Defendant, “I do not have any drinking value,” and “I do not have any drinking value.”

"2017 Gohap 172"

3. On March 8, 2017, at the “H” restaurant for the operation of the Victim G in Daegu-gu, Daegu-gu, the Defendant ordered 2 knife that the Defendant would have had no intent or ability to pay the amount to the victim even if the Defendant had been provided with a knife due to the lack of cash or credit card, etc. at that time, but did not have any intent or ability to pay the amount to the victim.

Accordingly, the defendant deceivings the victim as above, and acquired 200 won in total of the market price from the damaged person and acquired 16,000 won.

" 2017 Gohap 298"

4. On June 26, 2017, the Defendant: (a) was aware of the victim I’s fraud on the part of the victim I from the victim, on the part of the Daegu-dong-gu J, Daegu-gu, 301-1, and on the part of the victim I’s “K,” on the part of the victim I; (b) there was no cash or credit card payment means during the time; and (c) the victim, on