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(영문) 서울남부지방법원 2017.10.13 2017고단1534
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 26, 2017, while under the influence of alcohol around 11:10 on March 26, 2017, the Defendant: (a) expressed a large voice from the fourth floor of the area where the Marsh 14, 2017, the Korean Mar. 26, 2017, in which the Mar. 26, 200-ro-ro 8-ro-ro-ro-ro 14, the Defendant: (b) recommended the victim C ( South, 29 years of age) who is an employee of the place where the disturbance was faced, to feel unstable; and (c) recommended the customers to feel unstable.

The Defendant spited the brin of the Defendant, and obstructed the Defendant’s duty of maintaining the order of the Korea Morse Society Branch by force by avoiding the disturbance for about 30 minutes, such as spitation of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. Application of the CDA-TV statute;

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 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, the Defendant committed the instant crime during the period of suspended execution.

On the other hand, there is a intellectual obstacle to the defendant.

The degree of power exercised by the defendant is not relatively more severe, and the crime place is a screen race track and there is a staff in charge of the expenses, so the business of the defendant was not significantly interfered with by the act of the defendant.

The defendant is against the defendant, and the damaged person does not want the punishment of the defendant in agreement with the victim who is an employee of the store.

In light of the conditions of sentencing prescribed in Article 51 of the Criminal Act, the punishment shall be determined as per the order.

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