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(영문) 인천지방법원 2020.10.23 2020고단1497

업무방해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 25, 2019, at around 00:00, the Defendant obstructed the victim’s main store business by force of about 20 minutes, such as avoiding disturbance, sailing trees by exceeding the victim who is an employee of Gyeyang-gu in Incheon, and pushing ahead with his hair by pushing ahead with the victim who restrains such disturbance, taking a bath for other customers, gathering microphones, cutting off the floor, cutting off the glass cup, etc. with the table table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has a criminal record related to violence, but the sentencing guidelines are not applied since the defendant is selected as a fine for all the conditions of sentencing specified in the arguments and records of this case, including the defendant's age and happiness environment, relationship with the victim, motive and consequence of the crime, circumstance after the crime, etc., in consideration of the fact that the defendant does not commit a crime in the future and there are some circumstances that may be somewhat taken into account the defendant's health status.

(1) The punishment as ordered shall be determined in comprehensive consideration of each subparagraph.