(영문) 서울남부지방법원 2016.09.22 2016고단3571

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자간(%)

(영문) 서울남부지방법원 2016.09.22 2016고단3571

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

[criminal records] On November 27, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor due to the obstruction of, and the crime of injury at the Seoul Northern District Court, and completed the execution of the sentence at the Sungdong Detention House on April 29, 2016.

[Criminal facts]

1. From around 14:00 on April 30, 2016, the Defendant was unable to avoid disturbance for about 30 minutes, such as the victim D (59 tax) located in Yeongdeungpo-gu Seoul Metropolitan Government, and the victim D (59 tax) broken the fire that was placed in front of the above restaurant with the number of rooms under the influence of alcohol. After compensating the damage, the victim was replaced with the victim’s own attitude, and he was able to take a bath for the victim’s buckbuckbbbs.

Accordingly, the defendant interfered with the operation of the restaurant of the victim by force, and at the same time assaulted the victim.

2. The Defendant damaged property at the front of the instant restaurant operated by the Victim G located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, around the place indicated in paragraph 1 of around 14:24 on the same day. On the front of the instant restaurant, the lower part of the wall surface of the entrance of the said restaurant at the entrance of the said restaurant was cut off the victim’s possession, which was attached at the same time, thereby damaging the repair cost of KRW 50,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of D and G;

1. A report on investigation (Attachment of photographs that damage property);

1. A previous conviction: The Defendant asserts to the effect that he did not properly memory the situation at the time of the instant crime by drinking alcohol at the time of the instant case. According to the evidence duly adopted and investigated by this court, although the Defendant was under the influence of alcohol at the time of each of the instant crimes, it can be known that the Defendant himself was due to drinking, and as long as the Defendant voluntarily was under the influence of drinking alcohol.

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