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(영문) 수원지방법원 성남지원 2017.11.29 2017고정1295
업무방해등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an English instructor, and the victim C (41 tax, remaining) is the owner of a D club.

On June 11, 2017, at around 03:40, the Defendant, while drinking alcohol at the “D club” of Seongdong-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, obstructed the victim’s business by force over about 20 minutes, including, but not limited to, drinking alcohol to other customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. The Defendant asserts that he was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

However, according to the records of this case, although the defendant is deemed to have considerable drinking at the time, in light of the circumstances and contents of the crime of this case, the statement and behavior of the defendant before and after the crime of this case, it does not seem that the defendant did not have the ability or decision making ability to discern things due to drinking at the time, or it does not seem that the defendant did

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. 공소사실 요지 피고인은 2017. 6. 11. 03:40 경 성남시 중원구 E 지층 “D 클럽 ”에서 술값을 지불할 의사나 능력이 없음에도 불구하고 피해자를 기망하여 진토 닉 칵테일 1 잔을 제공 받아 6,000원 상당의 재산상 이득을 취하였다.

2. The defendant and his defense counsel did not make a settlement by presenting only the suspended card among the cards that the defendant had been holding a physical card with a balance of 650,000 won at the time, but has been distributed to various military forces under the influence of alcohol, and they did not have any intention or ability to pay the liquor value at that time.

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