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(영문) 서울북부지방법원 2020.06.18 2020고단756
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant is a customer who visited the head office in Dongdaemun-gu Seoul Metropolitan Government, operated by the victim B, mixedly visits the head office.

On January 30, 2020, from around 02:36 to 03:00 on the same day, the Defendant joined with the tables with other customers, without any justifiable reason, while drinking mixed alcoholic beverages at the above heading house. Accordingly, in order for male customers to reveal a sense of displeasure, the Defendant spons the male guest twice with his own hand, and the victim restrains it, and then the Defendant “I am about how I am dead. I am about how I am. I am.?????? I am you see how I am?????? I am back to their table, I am 02:51 on the same day after I am back to 02:51 on the same day, I am a spicker with the bed.

Accordingly, the defendant interfered with the victim's door-line business for about 30 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (on-siteCCTV investigation), CCTV images caps and CCTV images CDs;

1. Application of each of the Acts and subordinate statutes written in B;

1. The crime of this case is committed under Article 314(1) of the relevant Act on criminal facts, Article 314(1) of the Criminal Act of the choice of punishment, and the reason for sentencing of imprisonment with prison labor is that the defendant is under the influence of alcohol without any particular reason and the nature of the crime is not good. In particular, even though the crime of this case was committed during the period of suspended execution due to the same kind of crime, the defendant's past criminal records or the form of the defendant at the time of the crime of this case, and the circumstances after the crime are expected to be high in

On the other hand, the fact that the defendant is against the defendant and that the defendant agreed with the victim is favorable.

In addition to each of the above circumstances, the sentencing conditions as shown in the records and arguments, such as the defendant's age, character and conduct, environment, etc., shall be imposed as ordered by considering all the circumstances.

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