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광주지방법원 2017.11.17 2017고정1465

Defendant shall be punished by a fine of 2.5 million won.

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


Punishment of the crime

On August 31, 2017, the Defendant was sentenced to a suspended sentence for four months by imprisonment with prison labor for an attempted larceny at the Gwangju District Court, and the same year.

9.8 The judgment became final and conclusive.

1. On March 12, 2017, at around 16:19, the Defendant expressed the attitude that the Defendant would pay the amount of food, etc. to the victim at the “D main points for the operation of the victim C, located in Nam-gu, Nam-gu, Gwangju, and ordered the 1stma of the 1st of the 2nd week of the 2nd week.

In fact, the defendant did not have any intention or ability to pay the drinking value even if he was provided with skins, etc. from the damaged person.

The Defendant, as such, was accused of such deception and received from the injured party an amount equivalent to KRW 21,00,000 in the market price.

2. 업무 방해 피고인은 같은 날 21:05 경 위 장소에서 소주와 치킨을 먹으면서 담배를 피우는데 피해 자로부터 " 식당 내는 금연구역으로 담배를 피워서는 안 된다" 는 말을 듣고 화가 나, 탁자 위에 있던 컵과 휴지 등을 던질 듯이 행동하며 " 이 씹할 놈 아 왜 안 돼 "라고 욕설을 하고, 옆 좌석에 있던 불상의 남자 손님 2명에게 " 야 씹할 놈 아 뭘 쳐 다 봐, 너는 뭐야" 라고 욕설을 하며 경찰관들이 출동할 때까지 약 1시간 동안 소란을 피워 불상의 남자 손님들을 밖으로 나가게 하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement prepared by the victim;

1. An entry of account statement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and each Act and subordinate statute written in the report as a result of confirmation;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, and selection of fines for the crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

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