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(영문) 서울중앙지방법원 2016.08.10 2016고단3849
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

When the defendant drinks alcohol in a flat, he is a person who has a habit to avoid disturbance without paying the drinking value regardless of cash possession.

1. On June 10, 2016, around 21:40, the Defendant issued an order for alcohol and alcohol as if the Defendant had no intent to pay the price, and around June 10, 2016, the Defendant received an order for alcohol and alcohol as if he had an intent to pay the price. At around 20,000, the Defendant received an order for alcohol and alcohol equivalent to KRW 420,000 from the injured party 12,00,000 from the victim.

In this respect, the defendant deceptioned the victim, received the alcohol and know-how from the victim, and acquired the pecuniary benefits equivalent to the same amount.

2. At the time, place, and without any reason, the Defendant: (a) without any reason, wishes to brea the employees of the place in the state of alcohol, such as “singing singing singing singing singing singing singing singing singing singing singing singing sing sing sing sing singing sing sing sing singing sing singing sing singing sing singing sing singing sing

The police officer called by the victim's report, such as taking a bath in the large amount of "Woo Bak", was unable to escape a disturbance for about three hours until the police officer arrives.

Accordingly, the defendant interfered with the victim's main business by force over about three hours.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 314(1) of the Criminal Act (a point of fraud), and the choice of imprisonment for a crime;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] of type 1 (less than KRW 100 million) and the mitigation area (one month to one year) (a special mitigation order) of the mitigation area.

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