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(영문) 서울북부지방법원 2017.12.14 2017고단2863
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 October 15, 2015, the Defendant was sentenced to one year of imprisonment with prison labor due to an injury, etc. by the Seoul Northern District Court, and completed the execution of the sentence on August 19, 2016 in the Ansan Prison.

Criminal facts

On April 3, 2017, the Defendant demanded on April 20, 2017, the victim D, operated by Jung-gu Seoul Metropolitan Government Seoul Metropolitan Government C, that “man is changed” among the customers in the store under the influence of alcohol, and one of the customers stated that “I am a drinking guest, I am a drinking guest, I am a drinking guest.”

In addition, in spite of the request of the victim, the victim continued to take a bath in the store and interfere with the operation of the store by force between about 30 minutes and 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal accidents;

1. Video recording materials (ROMs);

1. Report of investigation (verification of screen pictures taken by the police at the time of dispatch of the scene);

1. Investigation report (report on telephone communications by police officers dispatched at the time);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (verification of recidivism during the period of repeated crime), text of judgment, and current status of acceptance by individual;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is punished for the same kind of crime.

In addition, the crime of this case was committed under a long term of punishment for crimes related to military violence, and a repeated crime is committed.

However, the defendant is in depth against the defendant when committing the crime of this case.

In the state of alcohol, this case has been entered into contingently, and the injured party has not been punished by the defendant due to the smooth agreement with the injured party.

The defendant again commits such an offense.

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