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(영문) 서울남부지방법원 2017.09.20 2017고단1254

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant around 00:30 on February 26, 2017, at the “E” restaurant operated by the victim D (43 S, n, n) located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Seoul, with the influence of alcohol, discarded from the Defendant “E” restaurant.

“I wish to do so for the president.”

“Is the Republic of Korea, Is the Republic of Korea

"A sound, etc." has interfered with the operation of the victim's restaurant for about 30 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. The degree of power exercised by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is not serious.

The defendant is divided, and the victim does not want the punishment of the defendant.

There is no record of criminal punishment exceeding a fine against a defendant, and finally criminal punishment was imposed in 2010.

In light of these circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act are considered. It is decided as per Disposition.