(영문) 제주지방법원 2013.05.03 2012고정756

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(영문) 제주지방법원 2013.05.03 2012고정756

업무방해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 00:10 on May 3, 2012, the Defendant, within the “E” restaurant for the victim D’s operation in Jeju-si, and had a dispute with the other customers who walk the cab by telephone, saying, she would be able to talk with the victim who talked with him/her. As the Defendant was able to talk with him/her on the restaurant table, he/she collected the strings on the restaurant table, and obstructed the victim’s restaurant business by force by force, such as spreading the remaining strings to the table table and the chair.

Summary of Evidence

1. Witness F;

1. Statement made by witnesses D in the third protocol of the trial;

1. The Defendant and his defense counsel’s assertion of on-the-spot photograph Defendant and his defense counsel asserted that there was only a dispute with other customers in a restaurant at the time of the instant case, and that there was no scambling and scambling as described in the facts charged. However, the testimony of D and F, which correspond to the facts charged, are consistent with specific and main parts of the facts charged, and there is no reason to suspect the credibility thereof when considering the content of the statement and the relationship with the Defendant, etc., so the facts charged can be fully

On a different premise, the Defendant’s assertion of the Defendant and the defense counsel cannot be accepted.

Application of Acts

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 314 (1) of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentence shall be imposed as per the Disposition, considering all the following circumstances as a result of the sentencing of Article 334(1) of the Criminal Procedure Act: The unfavorable circumstances that the victim does not want the punishment of the defendant: In light of the investigation records of the circumstances after the commission of the crime, the poor nature of the crime in light of Articles 10, 5, 6, 19, and 23, and the character, conduct, etc. of the defendant, including the record of the sentence sentenced, and the character, conduct, etc. of the defendant who can be known in light of the past criminal records: his age and occupation

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