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(영문) 부산지방법원 서부지원 2020.06.30 2019고단2033

업무방해

Text

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

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

Reasons

Punishment of the crime

On July 19, 2019, at around 09:30 on July 19, 2019, the Defendant: (a) at a restaurant located in the Busan Seo-gu B, the victim C, who is the principal restaurant, was unable to sell alcoholic beverages; and (b) the victim expressed a large voice, such as "Chewing baby," and (c) caused the victim to feel a disturbance, such as a shot, placed on the floor of the door, and interfered with the victim's restaurant business by force for about 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Although the Defendant had been punished for the same kind of crime several times under Article 334(1) of the Criminal Procedure Act, he/she again repeated during the period of repeated crime.

However, the defendant is recognized to commit the crime of this case and is against the defendant, and the defendant is committed by agreement with the victim that the victim does not want the punishment of the defendant, the defendant seems to have an opportunity to reflect while living in custody for more than three months, and other circumstances that form the conditions for sentencing specified in the arguments and records of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., shall be determined as ordered by taking into consideration.