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(영문) 의정부지방법원 2018.01.05 2017고단3065
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 4, 2017, at the government city of Gyeonggi-do around 10:40 on March 4, 2017, the Defendant: (a) in front of the E cafeteria; and (b) the police officer called up after receiving a 112 report in relation to drinking driving demanded the Defendant to conduct a drinking test; (c) the Defendant entered the above restaurant and called up for the above restaurant to F (V, 48 years of age) who is an employee.

“Along with the F’s request to leave a restaurant, the said restaurant operator interfered with the restaurant business of the victim without the name of the victim of the said restaurant business, by force between approximately 50 minutes, due to the continuous noise and the change of the sea area, even though the F was asked to leave the restaurant.

2. On March 4, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) was arrested and detained in a flagrant offender at the H district district of the Do government police station located in G on the Government-Si of Gyeonggi-do on the ground of interference with the above business; (b) was released on the ground of hospital treatment on the same day after having filed an appeal of difficulty in repulmone; (c) was released on the ground of hospital treatment; (d) was refused to return home from the police officer of the above district; and (e) was unable to verify whether the Defendant committed a noise with “after the end” due to the influence of alcohol, the evidence submitted in the instant case alone cannot be confirmed accurately; and (e) the Defendant partially corrected the facts charged and recognized it as a criminal offense.

For about 25 minutes, government offices have performed disturbance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement made to I by the police;

1. Application of the statutes governing documentary video files CDs by police officers;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, selection of fines) concerning the crime, and Article 3 (2) 1 of the Punishment of Minor Offenses Act (the point of violation of the Punishment of Minor Offenses Act, and Selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The exercise of power or disturbance of the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is significant.

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