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(영문) 인천지방법원 부천지원 2018.01.25 2017고단2959

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 November 16, 2017, the Defendant ordered the victim K (Woo, 37 years old) located in Seocheon-siJ around 21:40 on November 16, 2017 to use the alcohol and the alcohol, and then sit back next to the victim to drink the alcohol.

As the refusal is required, 30 minutes of pedagogs were passed, such as the victim's desire, the victim's attitude seems to be visible, and the sound was committed.

Accordingly, the Defendant interfered with the victim's business operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Written statements;

1. Application of each statute on photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. In light of the fact that the criminal defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act was punished several times for the same crime, and thus, again commits the instant crime during the repeated crime period, it is highly likely to repeat the crime.

I seem to appear.

However, all of the circumstances, including the fact that the defendant reflects his mistake, that the defendant agreed with the victim, that the defendant did not want to be punished, that did not proceed to other violent crimes, and that the defendant was not injured, and that the defendant was sentenced to a fine of KRW 7 million on December 6, 2017 due to the same kind of crime and continued in the appellate trial of the Constitutional Court (Seoul District Court 2017No 4728).