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(영문) 청주지방법원 충주지원 2019.08.14 2019고정102
업무방해
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

가. 피고인은 2019. 1. 21. 20:15경 충주시 B에 있는 ‘C편의점’ 내에서 손님으로 출입하여 물건을 구입하려는 듯 매장을 두리번거리는 모습을 보였고, 피해자인 점원 D(55세, 여)이 ‘손님 뭘 찾으세요’라고 하자, 술에 취해 아무런 이유도 없이 ‘왜 너 나한테 아부 떠냐, 너 나한테 맞아 볼래.’라고 하며 때릴 듯이 손을 올리려고 하는 등 소란을 피워 피해자가 피신함으로써 편의점 업무를 보지 못하게 하였다.

Accordingly, the defendant interfered with the victim's convenience store duty for about 5 minutes by force.

B. At around 23:00 on the same day, the Defendant, at the F convenience store located in E as of the same day, visited G (hereinafter “F”), the victim, without any reason, to purchase tobacco by entering the said convenience store, referring to “F 24 years of age and son,” and instead, she avoided the disturbance of the victim, such as taking away the victim’s left arms, thereby preventing the victim from performing the business of accepting him/her.

Accordingly, the defendant interfered with the victim's convenience store duty for about 10 minutes by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of D or G;

1. On-site reports (to attachCCTV images);

1. The Defendant asserts to the effect that he had the ability to discern things or ability to make a decision, when considering the circumstances and methods of the instant crime and the Defendant’s behavior before and after the instant crime, etc., which are acknowledged by the evidence duly investigated and adopted by the court, the Defendant cannot be deemed to have lost or weak ability to discern things due to alcohol at the time when the instant crime was committed). According to the evidence, the Defendant’s application of statutes is recognized as having drinking alcohol at the time of the instant crime.

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act, and Article 314 of the same Act, respectively, concerning criminal facts;

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