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(영문) 인천지방법원 2017.04.14 2017고단751

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. Around 16:30 on January 19, 2017, the Defendant: (a) found the “E Eart” operated by the victim D located in Nam-gu Incheon Metropolitan City, Nam-gu; (b) obstructed the victim’s marina business by force for about 30 minutes, such as throwing away goods and verbal abuse, without any reason under the influence of alcohol.

2. The Defendant spits spite the victim’s face when and at the time and place mentioned in paragraph 1, under the influence of alcohol, and assaulted the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning the facts constituting an offense, and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

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

1. There is a high possibility of criticism in light of the fact that the instant crime was committed, even though the reason for sentencing under Article 334(1) of the Criminal Procedure Act was served five times from 2000 to 2012 on the same offense.

However, considering the fact that the mental illness suffered by the defendant is deemed to function as a factor for the crime of this case, since all of his family members have difficulty in social life due to physical or mental disorder or disease, the defendant's living conditions lead to a living due to basic living costs or disability allowances, etc., damage caused by the crime of this case is relatively minor, the defendant's fault is against himself/herself, and the defendant is faithfully receiving mental diagnosis and treatment and does not repeat again in the future, the amount of fine shall be punished by a fine, and the amount of fine shall be determined by considering the past criminal history, current economic conditions, etc.