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(영문) 수원지방법원 여주지원 2017.09.25 2017고정158
업무방해등
Text

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

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

Reasons

Punishment of the crime

On February 22, 2017, the Defendant, at around 22:30, 2017, was under the influence of alcohol within the E main point in E, E located in Ischeon-si, E, which is operated by the Victim C, and was demanded by the injured party to make a prompt demand from the injured party, the Defendant was unable to avoid a disturbance with a large amount of noise over one hour, such as the victim’s breathing and spathing the flap, by gathering the blap on the blap and cutting the blap on the blap, and cutting the blap on the blap.

Accordingly, the Defendant destroyed the victim’s market power and interfered with the victim’s duty of heading operation by force (the Defendant’s defense counsel asserted to the effect that the Defendant was in a state of mental and physical weakness at the time of committing the above crime. Thus, according to the records, even though it is recognized that the Defendant was under the influence of alcohol at the time, the Defendant was in a state of lacking the ability to discern things or make decisions under the influence of alcohol, in light of the circumstances leading up to committing the instant crime, method of committing the crime, the Defendant’s attitude before and after committing the crime, and the speech and behavior.

As such, the above assertion cannot be accepted. A summary of the evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to photographs of sites and damaged articles;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the selection of fines for a 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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