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(영문) 수원지방법원 2017.09.06 2017고단4256
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 March 31, 2017, the Defendant: (a) expressed that the Defendant was under the influence of alcohol at the “E” coffee shop in Suwon-si, Suwon-si, Suwon-si, and (b) expressed to the Defendant that “The Defendant: (c) brought this franc, and flob flob flob flob flob, chlob, etc.” to the Defendant, and was a customer.

F, the 10 minutes of 10 minutes of the bitch chro chrop, bitch chro far, and the far far far far far far far far far far, and the farb far far far farb, and the customers on the coffee shop far feb far far b

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute of the D and F Statements;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. As to the assertion of the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, the Defendant and the defense counsel at the time of the instant crime asserted that the Defendant had a mental and physical weak condition due to alcohol, etc.

However, according to the evidence duly adopted and examined by this court, although the defendant was found to have drinking at the time of the crime, in light of the background, means and method of the crime of this case, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant lacks the ability to discern things or make decisions due to drinking. Thus, the above argument by the defendant and the defense counsel is without merit.

Since the sentencing is based on the reasons for the sentencing, the sentencing criteria are not applied.

The defendant has the record of punishment for the same crime, in particular, during the suspension of execution due to the same kind of crime, and without being aware of it, committed the crime of this case, the defendant who led to the crime of this case, is against the confession of the crime of this case, and seems to have committed the crime of this case contingent under the influence of alcohol, and other damage.

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