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(영문) 의정부지방법원 2016.03.17 2015고단4413
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 11, 2015, the Defendant who interfered with his duties ordered “Iln St St, St. St.” under the influence of alcohol in E managed by the victim D at Dongducheon-si, B, and on the ground that the food in the ordered food is not the same as the food in the food in which the food in the ordered store was kept, the Defendant shall be an employee of the place “St. St., St. St., St., St., Il., each of whom is not the same.”

Although the police officers were urged to return home from police officers who were sent to the site after having received a report on his/her behavior, “Abrupted to the law,” he/she interfered with the above restaurant business of the victimized person by force for about 30 minutes, by avoiding disturbance, such as putting him/her under the law, and letting other customers go out.”

2. On August 11, 2015, the Defendant in violation of the Punishment of Minor Offenses Act was arrested as a flagrant offender under suspicion of interference with the same duties as indicated in the above paragraph (1) above, and was compelled to go to the Dong-gu Police Station at the center of Dong-gu, 157 in Dong-gu, Dong-gu, 2015, and was compelled to go to the police station at the center of Dong-gu, 202:50 on the same day, and went back to the state of panty only under the influence of alcohol, and went back to the state of panty and take a bath for a large amount of 1-hour period.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation reports (fields, etc. of the case);

1. On-site photographs;

1. Food photographs;

1. Application of Acts and subordinate statutes to one CD storage CD;

1. Relevant legal provisions of the Criminal Act and Article 314(1) of the Criminal Act (the term "crimes punishable by imprisonment without prison labor or heavier" as provided for in Article 35(1) of the Criminal Act concerning criminal facts and the choice of punishment means crimes punishable by imprisonment with prison labor or imprisonment with prison labor for a higher term or for a limited term. Where a fine is imposed among punishment prescribed by the relevant crime, it shall not be subject to aggravated punishment (Supreme Court Decision 82Do1018 delivered on July 27, 1982). Article 3(3)1 of the Punishment of Minor Offenses Act (the fact that interference with business affairs and the selection of fines is brought about by public order, and the choice of fines)

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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