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(영문) 서울북부지방법원 2014.08.13 2014고정1584

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 05:30 on November 17, 2013, the Defendant: (a) made drinking in the “D” restaurant operated by the victim C in Jung-gu Seoul Metropolitan Government, and, without any particular reason, obstructed the victim’s restaurant business by force by having the customers drink, and preventing them from drinking or entering the restaurant, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental disorder or mental disorder under the influence of alcohol at the time of committing the instant crime. As such, the records show that the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of committing the instant crime. However, in light of the circumstances leading to the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

Since it cannot be seen that there was or was a weak state, the defendant's assertion is rejected.