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(영문) 청주지방법원 2015.11.13 2015고단704

업무방해

Text

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

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

Reasons

Punishment of the crime

Defendant in collusion with Defendant B, who was on May 12, 2015, to 04:00 on the same day from May 12, 2015 to 04:15 on May 12, 2015, the summary of “E” for the operation of the Victim D with the Defendant on the one hand of the C

주점에서, 술값이 많이 나왔다는 이유로 위 주점 출입구를 막고 피해자에게 “장사 그만하고 싶어 , 니네들 좆됐다”라고 욕설을 하고 그곳에 있는 손님들에게 “여기 바가지 씌우는 업소다”라고 큰소리치는 등 소란을 피워 위력으로 피해자의 주점영업 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Application of the police statement law to D;

1. Articles 314 (1) and 30 of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

1. While recidivism during the period of suspension of execution due to similar crimes in the sentencing of Article 334(1) of the Criminal Procedure Act, the defendant's main place of business was the owner of the business and the starting cost in the process of calculating the drinking value at the main place of business, and the circumstances leading to the crime have been taken into account, the victim and the defendant agreed smoothly with the victim, and the defendant reflects his fault.

In addition, the conditions of sentencing, which are shown in the circumstances after crimes, age, character and conduct, environment and all other circumstances of sentencing, shall be determined the same as the order.

As long as a fine is selected for the accused, the sentencing guidelines of the Sentencing Committee shall not apply.

It is so decided as per Disposition for the above reasons.