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(영문) 수원지방법원 성남지원 2017.04.26 2016고단1129

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2016, 2016, the Defendant, “E” operated by the victim D in Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul, was under the influence of alcohol and did not order food to the victim without ordering him/her to do so.

After that, the above restaurants return to the restaurant and the customers who had been in the place of the restaurant changed their skill and alcohol, and thus, the above restaurants had expressed a bath to the defendant, the defendant, and the defendant, with the large voice of "Sicker", and had avoided a disturbance between about 20 minutes.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

On October 2, 2016, the Defendant: (a) around 02:14 on October 2, 2016, the 2016 Highest 3225, the Defendant: (b) taken a G taxi operating by the victim F while having no intent or ability to pay a taxi fee in front of the 85 Bank 1 Dong community service center; and (c) did not pay 4,800 won of the taxi fee to the 3 merchant members of Sungnam-gu, Sungnam-gu; and (d) did not pay the 4,800 won of the taxi fee to the 3 merchant members of the Sungnam-gu, Sungnam-gu.

Summary of Evidence

"2016 Highest 1129"

1. Statement by the defendant in court;

1. Statement of the police concerning D " 2016 Highest 3225";

1. Statement by the defendant in court;

1. A written statement;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex behavior, environment, motive, means, and consequence of the crime, is to be sentenced to imprisonment in light of the fact that there are several times of records and repeated crimes due to drinking. In addition, the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime.