(영문) 서울서부지방법원 2020.10.08 2020고단1960

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(영문) 서울서부지방법원 2020.10.08 2020고단1960

업무방해

Text

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

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

Reasons

Punishment of the crime

On February 26, 2020, the Defendant, around 08:00, expressed alcohol and food in the Eunpyeong-gu Seoul Metropolitan Government 'C' restaurant located on the first floor, and expressed the victim D (the age of 64) who is a business owner under the influence of drinking, in the form of alcohol, “hyp hyp hyp” and “hyp hyp”, “hyp hyp hyp”, gyp, gyp, gyp, gyp, gyp, gyp, gyp hump, gyp, gyp, gyp, and gyp, fump for about 50 minutes to other customers who were eating in the next table.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes of each investigation report (No. 4, 6) such as field photographs;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the other hand, the fact that the punishment for the same kind of crime for sentencing of Article 334(1) of the Criminal Procedure Act is very high, and that the crime of this case was committed without being aware of the fact that the defendant was committed during the period of suspension of execution of imprisonment, which was finalized around May 2019, by obstruction of performance of official duties, and even during the period of suspension of execution of imprisonment with prison labor, and that the defendant committed the crime of this case. The defendant is in profoundly against his wrongness in the confession of the crime, the victim does not want the punishment against the defendant by mutual consent with the victim, and the fact that the victim seems to have no serious physical damage is deemed to exist. In addition, the punishment is determined as ordered by the disposition taking into account the defendant'

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