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(영문) 수원지방법원 안산지원 2017.07.19 2017고단575
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 2016, the Defendant: (a) ordered the victim C to enter a customer with an “E” restaurant operated by the victim C in Ansan-si, Ansan-si; (b) but (c) ordered the victim to provide alcohol to the customer under the influence of alcohol; (d) however, the victim’s withdrawal of alcohol is the same as the Defendant’s withdrawal.

In other words, I would like to say, and I would like to say, that other customers are eating in a restaurant, and "I would like to know why I would like to dye the selling gue in this case;

Before 10 minutes, he/she takes a bath with a large volume of sound, and saw a plaque for about 10 minutes.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. Around 23:00 on August 10, 2016, the Defendant: (a) discovered the Defendant, who had been under the influence of alcohol in the instant singing room, was under the influence of alcohol in the “Gsing room” of the operation of the Victim F on the first floor D D, Ansan-si, Ansan-si; (b) but even before the instant case, the Defendant was under the influence of alcohol in the instant singing room; (c) said, the Defendant was under the influence of alcohol in the instant singing room; (d) said, the Defendant said that the Defendant was under the influence of alcohol; and (d) said, the Defendant said that “I am YY YY, I am, I am, I am, I am,” and said, the Defendant was frighted for about 10 minutes, such as following the Defendant’s wind and chair in the front of the instant singing box.

Accordingly, the defendant interfered with the victim's singing practice room business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to witness F and C’s respective legal statements (recognition of credibility in light of the background, contents, consistency, etc. of the witness’s statements);

1. Article 314 (1) of the Criminal Act and the choice of punishment for the crime, Articles 314 of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes Nos. 1 and 2 of the sentencing guidelines apply [the scope of recommendations] interference with the affairs of the Class 1 (Interference with Duties) sector (one month to eight months) [the person who has been specially mitigated] aggravation of punishment (including serious efforts to recover damage) by multiple offenders.

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