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(영문) 대전지방법원 천안지원 2017.08.25 2017고정332

업무방해

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

피고인은 2016. 12. 17. 01:31 경부터 02:25 경까지 사이에 천안시 동 남구 B에 있는, C 찜질 방에서, 피해자 D( 여, 57세) 이 술에 취한 피고인의 출입을 허용해 주지 않는 것에 격분하여 “ 엊그제는 받아 주고, 왜 오늘은 안 받아 주느냐

C Doz. Doz. Doz.

“A noise,” such as taking a bath with a large sound, is difficult to avoid any disturbance.

Accordingly, the Defendant interfered with the victim's soup operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Dalutistics and Earbs;

1. Application of the Acts and subordinate statutes governing the arrest and reporting of the occurrence of a case, and the handling of reported cases;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not have shorter time to prevent the Defendant from doing business of the victim.

Although the defendant was called up once by the police, he returned to the police and continued to interfere with his business again.

In addition, the defendant has not made any effort to recover the damage of the victim until now.

In light of these circumstances, it can not be deemed that the nature of the defendant's crime is light.

However, the Defendant seems to have committed the instant crime in a somewhat contingent manner while under the influence of alcohol.

In addition, the defendant is currently aware of his mistake, is against himself, and has no record of being punished for the same kind of crime.

In addition to this point, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.