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(영문) 대전지방법원 2016.03.30 2016고정51

업무방해

Text

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

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

Reasons

Punishment of the crime

On November 13, 2015, the Defendant was under the influence of alcohol at the D’s station located in Daejeon Daejeon Daejeon Daejeon District, and was in the influence of alcohol on November 13, 2015

E, etc. reported that they drink in the above main points and entered the main points.

Defendant F of the Victim F, who is the owner of the E and the main place of business, “Iskn't drink with a disabled person?”

It is why why why the body of a person with a disability makes it possible to do so.

‘Along with the time of ringing, walking the table table, unfolding the subject, beer's disease, beer's disease, etc. on the vehicle, preventing them from entering the above restaurant, etc., which interfered with the above restaurant business over about 20 minutes by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. On-site photographs;

1. 112 Reporting case handling table [the Defendant is merely about 5 to 10 hours during which the Defendant got disturbed and did not enter the country, so the Defendant interfered with the victim’s non-business operation by force.

However, according to each evidence in the holding, the defendant can sufficiently recognize the fact that the defendant interfered with the victim's business by force, as stated in the facts charged, in light of the following: (a) the victim and the G witness of the crime stated that the time required for the crime of this case is relatively consistent and specifically consistent from the investigative agency to this court, and that the time required for the crime of this case is about 2-30 minutes; and (b) it appears that the other customer's behaviors in the main place at the time left the case in question and that some customers continued to enter the main place.

Therefore, we cannot accept the argument of the defendant and his defense counsel)

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;