(영문) 수원지방법원 안양지원 2019.06.13 2019고단564

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(영문) 수원지방법원 안양지원 2019.06.13 2019고단564

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On January 23, 2019, the Defendant: (a) around 16:38, the Defendant, while drinking alcoholic beverages at the D restaurant operated by the Victim C in Mapopo-si B, sent a bath to E, a customer, who was seated on the table of the instant restaurant, and his/her running, “I want to sing to sing off, sing off, sing off, sing off, one time, and so on”; (b) the Defendant: (c) the Defendant sing off the floor of his/her table to be used in the table; and (d) the Defendant sing down the collection equipment, such as the earth, sing off, sing off, and water sing off the table by gathering the knick, and let the customer sing out of the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business for about 20 minutes by force.

2. The Defendant damaged the property by cutting off the water reservoir amounting to KRW 4,00,00 in the market price owned by the victim, which was placed on the table, at the same time and place as described in paragraph 1, by a method of cutting off the water reservoir on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of the law to field photographs [it is alleged that the defendant was in a state of mental disability under the influence of alcohol at the time, but according to each of the above evidence, it does not seem that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. A extenuating circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act: The Defendant interfered with the business of the victim during the period of repeated crime and committed the instant crime that damages property.

There are many criminal records related to violence, including the damage of property.

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유사 판례

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