(영문) 서울중앙지방법원 2016.10.06 2016고단5441

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(영문) 서울중앙지방법원 2016.10.06 2016고단5441

업무방해

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 4, 2016, from around 19:00 to 23:15 of the same day, the Defendant, under the influence of alcohol at the “D” restaurant operated by the victim C (V) located in Gwanak-gu in Seoul Special Metropolitan City, from around 19:00 to around 23:15, the Defendant obstructed the victim’s restaurant business by avoiding disturbance due to the following reasons: (a) the customer booms, let the customer go to the above restaurant; (b) the customer booms the disease on the other table by hand; and (c) the victim’s demand to do so; (d) the victim’s business ends; (e) the victim failed to comply with the demand to do so; and (e) b) the victim’s restaurant business

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, character and conduct, family relationship, home environment, motive and means of crime, and circumstances after committing the crime, shall be subject to a fine, such as the order, only once.

o Unfavorable circumstances: In light of the time and degree of interference with business, the quality of the crime and the circumstances are not weak.

There are several previous experiences of punishment for the same crime.

On October 20, 2014, the Seoul Central District Court sentenced two years of suspension of the execution of official duties to imprisonment with prison labor for the crime of obstruction of performance of official duties, which became final and conclusive on October 28, 2014.

Even though he did not go to the crime of this case, he also went to the crime of this case.

o The favorable circumstances: In the investigation process of this case, there was an agreement with the victim, and the victim did not leave the preference against the defendant.

In the future, it is seriously against the mistake such as self-regulation of alcoholic beverages.

참조조문

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