(영문) 제주지방법원 2016.12.16 2016고정762

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(영문) 제주지방법원 2016.12.16 2016고정762

업무방해

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Defendant shall be punished by a fine of KRW 1,800,000.

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

Reasons

Punishment of the crime

1. On August 19, 2016, at around 23:00, the Defendant returned to the Dpenta operated by the victim C (the age of 65) in Jeju-si, Jeju-si, with the influence of alcohol, and opened the guest room 1 and 2 of the customers, and received a request from the victim who received the customer’s resistance to avoid any disturbance, but did not run away from the room, opened the other guest room in the room, opened the disturbance in the room, and avoided the disturbance, and then, the Defendant took the desire to “the age of width” to the victim re-stiled, and obstructed the victim’s pension business by force by force by avoiding any disturbance.

2. On August 20, 2016, at around 21:00, the Defendant was demanded by the victim to leave the disturbance to the 305 room, which is a lodging room from the customer, and the victim, as the Defendant returned to the pented building, while under the influence of alcohol while opening the pented building, and opened the door to the large lux, thereby obstructing the victim’s business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. Application of Acts and subordinate statutes to the investigation report (11 pages of investigation records);

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 314 (1) of the Criminal Act and the choice of fines;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant recognized all the facts constituting the crime, and the defendant has a history of criminal punishment on several occasions due to violence, traffic crimes, etc., as well as the fact that the defendant was sentenced for ten months due to drinking driving, etc. on June 19, 2014 and is currently a repeated offense period, which leads to the crime of this case, the degree of damage suffered by the victim, and the motive and motive of the crime of

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