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(영문) 수원지방법원 2017.06.27 2017고단230

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

On December 10, 2016, at around 08:10, the Defendant provided a 'D' restaurant of the Victim C management in Suwon-si, Suwon-si, which is located in Suwon-si B, with a view to paying meal costs. However, the Defendant interfered with the Defendant’s operation of the restaurant by force by avoiding disturbances for about 30 minutes due to the threat of the victim, as the Defendant was requested to do so by the victim’s “the change of cash that is not due to a credit card cancellation, which would not be settled.”

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on site photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant is deemed to have committed the instant crime in light of the background, means and method of the instant crime, and the conduct before and after the instant crime, etc., even though the Defendant was aware of drinking alcohol at the time of the instant crime, and in light of the background, method, and method of the instant crime, etc., the Defendant merely appears to have committed the instant crime under the influence of shocking consent, and does not seem to have the ability to discern things or make decisions under the influence of alcohol at the time.

Defendant’s assertion is not accepted.

The circumstances favorable to the defendant are as follows.

The defendant is divided into and reflected in the crime of this case.

The defendant seems to have caused the crime of this case by drinking and contingently.

It seems that the defendant did not exercise physical violence against the victim.

There is no history of criminal punishment by a defendant who interferes with business affairs, and there is no criminal conviction of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The defendant is sentenced to a suspended sentence of two-year imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in around 2015 and is sentenced to a suspended sentence.