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(영문) 인천지방법원 2017.11.16 2016고단6041

업무방해

Text

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

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

Reasons

Punishment of the crime

On September 21, 2016, the Defendant, around 21:20, obstructed the victim’s restaurant business between 10 minutes and 10 minutes by force by drinking alcohol within the frequency of “E” operated by the victim D (n, 60 years of age) in the Nam-gu Incheon Metropolitan City, and drinking to customers who had been in the place, preventing them from doing so, and allowing them to produce out of the place, and passing sound.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 314 (1) of the Criminal Act concerning the facts constituting an offense, the choice of a fine, and the choice of a fine (the following favorable circumstances):

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

1. The circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The disturbance of a repeated crime committed during the period of repeated crime, accumulation of criminal records of the same kind and similar criminal records, and circumstances in which the whereabouts of the defendant in the trial are obscure: the minority of the case, or the defendant's side against the defendant, is a matter of which the victim had not been punished from the beginning on the ground

In the course of committing the crime, the tangible power for the body or gyms has not been exercised.

Until the police officers are called out, the time that the defendant gets in the restaurant is not long.

On the other hand, in the beginning of the case, the severity of criticism is not much high in disregarding the warning of repeated crimes or in the realization of violent habits.

Considering these circumstances, even if the defendant is placed in short-term detention on account of the minor crime of repeated crime period, there is room for the re-socialization or special preventive effect not to achieve certain results, and rather, the female life of the defendant who is leading to the mountain can be examined.

As a result of the detection of the location, the main body of the defendant was discovered at the domicile of the defendant that he was suffering from a serious pulmonary tuberculosis disease in mind to the extent that he was suffering from a serious pulmonary tuberculosis and left medical care.

In addition to detention that can be limited to short-term isolation, recidivism is permanently conducted at the stage of returning to society after release.