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(영문) 부산지방법원 2015.05.14 2015고정422

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 October 22, 2014, around 00:20 on October 22, 2014, the Defendant obstructed the victim’s entertainment bar business by force by force by arguing that the victim D’s 10-point 10 of the operation of the Busan coastal Organization C is attached to the victim’s 10-point clock with the other customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, D, G, and H;

1. Application of statutes on field photographs;

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

1. The Defendant asserts to the effect that, at the time of each of the instant crimes, the Defendant was in an insane or a state of mental and physical disability under the influence of alcohol at the time of the instant crimes.

According to the evidence duly adopted and examined by the court, it is recognized that the defendant was somewhat under the influence of alcohol at the time of the crime of this case, but there was no ability to discern things or make decisions due to this.

Since it cannot be deemed that the defendant was in a state or weak condition, the defendant's above assertion cannot be accepted.