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(영문) 수원지방법원 여주지원 2018.02.23 2018고단97
업무방해등
Text

A defendant shall be punished by imprisonment for three months and a fine of three hundred thousand won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. On December 25, 2017, the Defendant: (a) revoked an order from the Victim C (32 Does) who was under the influence of alcohol in the Gyeonggi-si B (32) around the 20:30 on December 25, 2017; (b) ordered the Defendant to re-issue a 119 emergency vehicle so that the victim working in the kitchen can return home to the said restaurant; (c) directly reported the 119 emergency vehicle to the said restaurant by telephone; and (d) made the first members dispatch the said restaurant to the said restaurant; and (e) made the customers in the said restaurant “Is several ages” to the said restaurant.

Around 30 minutes of the disturbance at the above restaurant by making the horses, such as “,” etc., and making it difficult to avoid disturbance at the above restaurant.

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

2. On December 25, 2017, the Defendant violated the Punishment of Minor Offenses Act at around 21:25, 2017, on the 351st page of the Gyeonggi Pyeong-gun, the Defendant was able to avoid disturbance for about 30 minutes on the ground that he was arrested as a flagrant offender for committing an offense as described in the above 1.3-mentioned paragraph on the ground that he was arrested as a flagrant offender for the same crime as described in the above 1.3.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. C and E written statements;

1. Investigation report (to attach CCTV images related to the crime of violating the Punishment of Minor Offenses Act);

1. Statement made to C;

1. Application of the Acts and subordinate statutes to a investigative report (fix and attachCCTV images);

1. Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment, and Selection of Punishment) of the Punishment of Minor Offenses Act (Article 3 (3) 1 of the Punishment of Minor Offenses Act, applicable to the crimes;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentence (Interference with Business Affairs) from January to August.

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