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(영문) 광주지방법원 목포지원 2017.05.26 2017고단338

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 2017. 1. 21. 00:15 경 목포시 J에 있는 피해자 K( 여, 57세) 이 운영하는 L 노래방에서, 도우미를 불러 달라며 피해자에게 10만 원을 주었으나 도우미가 빨리 오지 않는다는 이유로 화가 나 홀 테이블에서 술을 마시던 손님에게 " 이 뱃놈아 죽여 버린다.

"At the time of 200,000 won by putting 200,000 won to the victim and 100,000 won to the victim," and "the death shall be discarded by 20,000 won by putting it to the victim."

"Grash and sound, etc." from around 00:15 on the same day to around 00:25 on the same day, the victim interfered with the singing room business by avoiding disturbance between about 10 minutes on the same day and by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of K;

1. Application of Acts and subordinate statutes to a criminal investigation report (a CCTV image verification and attachment installed inside a fishing singing hole);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime during the period of repeated crime due to the same crime. However, the Defendant’s consent to the instant crime is against the Defendant, the Defendant appears to have agreed with the victim, and the Defendant appears to have agreed with the victim, considering favorable circumstances, such as the Defendant’s age, environment, sex behavior, motive, means, and circumstance after the crime, etc., as well as all the sentencing factors indicated in the instant records and theories, such as the record and change of the crime, shall be comprehensively considered.