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(영문) 서울남부지방법원 2013.10.29 2013고정2803

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 23, 2013, from around 21:20 to 22:20 of the same day, the Defendant, while drinking alcohol in the “D” restaurant operated by the victim C (V) located in Yangcheon-gu Seoul Metropolitan Government, obstructed the victim’s restaurant business by force by avoiding disturbance, such as spiting, spiting, and taking a bath.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of C’s written statement and investigation report (to hear victim C’s telephone statement) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

3. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect 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, the Defendant was in a state of mental disorder or mental disorder. According to the records, the Defendant is deemed to have drank alcohol at the time of the instant crime, but there

Since it seems that the defendant did not seem to be in a state or weak condition, the above argument by the defendant is rejected as it is without merit.