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(영문) 창원지방법원 밀양지원 2016.11.10 2016고단394
업무방해등
Text

A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.

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

Reasons

Criminal facts

1. On June 21, 2016, around 14:00 on June 21, 2016, the Defendant obstructed the victim C’s business with a disturbance for about 1:30 minutes per hour and 30 minutes per hour, such as drinking alcohol, drinking alcohol, drinking the victim’s bath to the victim without any reason.

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

2. The Defendant, at around 15:50 on the same day as the above paragraph (1) above, was unable to avoid disturbance for about 40 minutes to customers, who had been under the influence of alcohol in the Hda of the operation of the Victim F in G at the close time, with the “spits, spits,” brins, flads, take a bath, take a bath, and drive away customers.

Accordingly, the defendant interfered with the victim's multiple businesses by force.

3. Around 16:28 on the same day, the Defendant was in violation of the Punishment of Minor Offenses Act (hereinafter “public office’s revocation”), and the Defendant was required to voluntarily act and voluntarily present at the International Security Center at the Ganyang Police Station’s International Security Center Security Division’s Security Department, which was dispatched after being reported as the case under paragraph (2) of the above paragraph (1) of the same Article, and was unable to avoid disturbance, such as, for about 50 minutes, “for about 50 minutes, there is no spice, spice, spice, spice, etc.”, and, for a large voice, she was able to take a bath, and lying on the floor

Accordingly, the Defendant, while under the influence of alcohol, had a riotous and disorderly speech and behavior in the public office.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, F, and J;

1. Application of Acts and subordinate statutes to each investigation report [the details of the arrest of a flagrant offender], (Attachment to a written agreement), (Confirmation of whether the victim isF), and (Attachment to CCTV video recording and photographing photographs within the I Public Security Center)];

1. Relevant provisions concerning the facts of crime and obstructing each business of the choice of punishment: Violation of Article 314 (1) of the Criminal Act, violation of Article 314 (3) 1 of the Punishment of Minor Offenses Act, and violation of Article 3 (3) 1 of the Punishment of Minor Offenses Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and 3 of the Criminal Act are applicable.

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