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(영문) 수원지방법원 안산지원 2013.11.08 2013고정1545
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

From July 28, 2013 to 21:30 on July 28, 2013, the Defendant: (a) even after having taken the same drinking inside the “D” restaurant operated by the victim C of the first floor of the building A of Ansan-si, Ansan-si; (b) without any justifiable reason, the Defendant interfered with the victim’s restaurant business for approximately 30 minutes by force by force, such as having the customers out of the way of eating, leaving the restaurant, and prohibiting them from entering the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Application of statutes on field photographs;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserted that drinking at the time of the instant crime had a state of mental disorder or of mental disorder. Thus, according to the records, the Defendant was deemed to have a drinking at the time of the instant crime, but the Defendant did not have the ability to discern things or make decisions at the time of the instant crime, considering the circumstances and the result of the instant case, including the Defendant’s behavior before and after the commission of the crime, and the circumstances after the commission of the crime.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

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