beta
(영문) 의정부지방법원 2017.03.30 2017고단466

업무방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On January 12, 2017, the Defendant was under the influence of “D” restaurant operated by the victim C, which was located at the time of the Government-Si, and returned to the victim’s restaurant without any justifiable reason due to the fluenite table. If the female customers living in meals are aware of the body of the female customers, the Defendant spits spits, etc. on the floor, while the said female customers flussing down spits, etc. on the floor with the flusssing of the flussss, while the Defendant flussssing down spits, etc. on the floor, and obstructed the victim’s restaurant operation by force between approximately 20 minutes and the police officers on the 112 report of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

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 sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment in light of the following: (a) the Defendant, on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, repeatedly committed a crime 20 times or more due to violent crimes, etc.; (b) the intent to inflict harm on other customers; and (c) the content of interference with business, such as: (a) the Defendant’s mistake is in profoundly against the victim; and (d) the victim does not want the Defendant’s punishment by mutual consent with the victim.