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(영문) 인천지방법원 2017.02.02 2016고단7965
업무방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

Defendant

If the above fine is not paid, 100.

Reasons

Punishment of the crime

1. On October 5, 2016, at around 00:10 on October 5, 2016, the Defendant interfered with the Defendant’s business: (a) under the influence of alcohol in “Ding room” operated by the Victim C, Nam-gu, Incheon Metropolitan City, whether the Defendant: (b) concealed a female with money in Korea;

“In doing so, the entrance was set off, and the entrance was set off, thereby obstructing the victim’s singinging operation by force for about 30 minutes by avoiding disturbance, and thus obstructing the victim’s singing operation.

2. On October 5, 2016, from around 00:46 to October 01, 201, the Defendant reported by falsity the crime that was not reported by the police on the following: (a) using the Defendant’s cellular phone at the place indicated in paragraph (1) four times, to read “a person who does business and drinks in a singing room”; and (b) “a person who does not control the police and drink in money.”

3. On November 4, 2016, the Defendant, while under the influence of alcohol 03:5,03:216%, driven an EF rocketing car during blood, and proceeded with a section of about 1 km from the front of sublime’s elementary school located in 99, Nam-gu, Incheon, Nam-ro, Nam-gu, Incheon, to the road of 127 front of the same salary class.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written appraisal of alcohol during blood;

1. On-site reports (on-site situations, etc.), investigation reports (verification of a suspect 112 declaration reports), and the 112 declaration statement attached thereto, investigation reports (Attachment of a business license), and the application of business license photographs and photographs attached thereto;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (Interference with the business, selection of imprisonment, and selection of punishment), Article 148-2(2)1, and Article 44(1) of the Road Traffic Act (the driving of drinking, selection of imprisonment, and selection of punishment) concerning the crime, and Article 3(3)2 of the Punishment of Minor Offenses Act (the choice of penalty penalty) of the Punishment Act;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

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

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