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(영문) 의정부지방법원 2014.05.26 2014고단704

업무방해등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 2, 2014, at around 21:30 on March 2, 2014, the Defendant: (a) stated that “the victim, while drinking with alcohol and alcohol, has a face value of 80,000 won in advance; and (b) stated that “the victim would have a face value of bitch 80,000 won in advance; (c) the victim would be equal to bitch bitch bitch bitch bitch; and (d) continued to walk the drinking door with a face of about 30 minutes, such as walking the drinking door to walk, thereby obstructing the victim’s drinking business by force.

2. The criminal defendant ordered the victim under Paragraph 1 to provide alcohol and alcohol as if he/she would normally pay the price at a time and place, such as Paragraph 1.

However, the Defendant did not have any money in the number at the time, and there was no other alternative means such as credit cards that can pay the drinking value, etc., and there was no intention or ability to pay the drinking value, etc. to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to the market price of 13,000 won by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the food price receipt;

1. Relevant Article 314(1) of the Criminal Act, Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act and the selection of fines for the crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times by an act of violence, etc., and it is inevitable to strictly punish the defendant since he/she again commits the instant crime during the suspension period of execution due to an act of violence, etc.

However, the fact that the defendant is waiting to commit the crime, the victim did not want the punishment for the defendant by agreement with the victim, and the act of violence and violence of the defendant.