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(영문) 춘천지방법원 강릉지원 2017.03.30 2017고단164

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 23, 2015, the Defendant was sentenced to one year and two months of imprisonment by reason of fraud, interference with business affairs, etc. in the early branch of the Chuncheon District Court, and completed the execution of the sentence in the original prison on October 12, 2016.

1. On February 14, 2017, in E-cafeteria operated by the Defendant: (a) around 08:40 on February 14, 2017, the Defendant: (b) the victim D (at 58 years of age) located in Gangseo-si C; (c) the victim during the course of drinking with the order of the alcohol department, “I see only once in night”; (d) the “Woo dial-a-a-a-be”, and “I ambling 50 times prior to the discharge,” the Defendant has been suffering from 50 times.

”라고 큰소리치고, 피해자의 딸인 F에게도 “ 저것 봐라, 뚱보네 임신했어

Doer Doctrine

A police officer who was called upon the victim’s report also led to the victim’s failure to have other customers, who were in the restaurant, receive a disturbance for about 70 minutes, such as “no misunderstanding flachisium,” and led the victim to prevent them from having other customers, who were in the restaurant, from entering the restaurant, and preventing them from entering the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant ordered two sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-

However, the Defendant did not have any means of payment, such as cash, and thus, did not have the intent or ability to pay the above amount, even if he did not order the food, and the Defendant received a delivery from the injured party of alcohol and alcohol equivalent to 25,000 won at the market price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Each photograph;

1. Receipts:

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Article 314(1) of the Criminal Act (the point of interference with business) and Article 347 of the Criminal Act, which provides for the pertinent provision of the law as to the crime and the choice of punishment.