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(영문) 대구지방법원 서부지원 2018.01.12 2017고단1246
업무방해
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

On October 201, 2017, around 20:40, the Defendant: (a) found a restaurant operated by the injured party C, “A” in Daegu City, Seogu, and commercial building B; and (b) 105 of the said 105, the Defendant saw the victim, who heard the horses that he/she should not place an order from the injured party, that he/she would have to do so. In short, the Defendant saw the victim into a large voice, such as “A mistake of smoking and smoking.”

Therefore, the police officer who was called out due to the report of the injured party, sent the defendant out of the above restaurant, and returned back, the defendant again found the above restaurant, thereby sustaining the victim's shoulder by his hand, and "I ambling and inside, and ambling the police officer's kn't know about the victim's shoulder."

In addition, customers in the above restaurant were not ordered or entered the restaurant by avoiding disturbance, such as "I ambi.", and thus, they did not enter the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a detailed statement of processing a report 112);

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished several times for violent crimes. In particular, there is sufficient need for strict punishment of the defendant inasmuch as he/she committed the instant crime under the influence of alcohol during the grace period without being aware of the suspended sentence due to the criminal facts that he/she injured a driver.

However, the defendant does not repeat the same mistake while recognizing his mistake.

Considering the fact that there is no relatively much degree of exercise of power and the degree of exercise of power, etc., the defendant shall be given more opportunities and judged as per Disposition.

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