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(영문) 서울중앙지방법원 2017.06.29 2017고단3300
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 7, 2014, the Defendant was sentenced to eight months of imprisonment with labor for interference with business affairs at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on August 10, 2014, and on June 26, 2015, the Defendant was sentenced to one year and two months of imprisonment with labor for interference with business affairs at the Seoul Southern District Court on June 26, 2015 and completed the execution of the sentence at the former Southern District Court on July 1, 2016.

[Criminal facts]

1. On May 9, 2017, the Defendant interfering with his/her duties: (a) while drinking alcohol on the “F” indoor spawn operated by the victim E on the victim’s d1st floor in Gwanak-gu, Seoul Special Metropolitan City on May 9, 2017; and (b) without any particular reason, on the part of other male and female customers.

”라고 희롱하며 시비를 걸고, 이를 말리는 피해자 및 손님들에게 “ 씨 팔 년, 썅 년, 미친년” 이라고 큰소리로 욕설을 반복하며, 피해자를 때리려 하는 등 약 2 시간에 걸쳐 소란을 피워 그곳에서 식사하던 손님들 로 하여금 식당을 나가게 함으로써, 위력으로 피해자의 식당 영업 업무를 방해하였다.

2. Although the Defendant was provided with factual alcoholic beverage and alcoholic beverage at the time and place specified in the foregoing paragraph 1 but did not have the intent or ability to pay the price, the Defendant ordered the victim under the foregoing Paragraph 1 as if he would normally pay the price, and ordered the drinking and food, and the Defendant was provided with one week and one week per total amounting to 19,000 won from the above injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A statement of E and a statement of food values;

1. Investigation report (Analysis of voice recording files submitted by the victim);

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation report (report on confirmation of the records of the same kind of crime as the suspect), Seoul Southern District Court Decision 2015 High Court Decision 2015 High Court Decision, personal confinement status, and application of the relevant list-related

1. Article 347 (1) and Article 314 (1) of the Criminal Act applicable to the facts constituting an offense (to be punished by imprisonment);

1. Aggravation of repeated crimes;

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