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(영문) 대구지방법원 2017.04.19 2017고정514
업무방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 17, 2016, at around 01:40, the Defendant took a soup room in Daegu Dong-gu, Daegu-gu, and took a bath, such as “Pero fero fero,” and “Pero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero.”

The Defendant continuously obstructed soup business by force for about 40 minutes, including: (a) the victim D (63) and customers, who are employees who have continued to speak, and (b) the brying service.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. According to the judgment on the assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the defendant is deemed to have a considerable amount of alcohol at the time of committing the crime in this case, but in light of the background and means of the crime in this case, the defendant's behavior before and after the crime in this case, the defendant's statement attitude at an investigative agency, etc. recognized by each evidence in the judgment, it cannot be deemed that the defendant had a weak ability to discern things or make decisions by under the influence of alcohol.

Therefore, the defendant's assertion is not accepted.

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