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(영문) 인천지방법원 2018.06.04 2018고단2418

업무방해

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of five hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On March 23, 2018, from around 01:10 to around 01:40 of the same day, Defendants were under drinking alcohol at the “E” main points in Nam-gu Incheon Metropolitan City D, and Defendant A continued to smoke within the main store and requested the victim F, who is the main manager, to stop smoking, and continued smoking, Defendant B took a bath, such as shot, etc., and Defendant B took part in it, and caused customers to leave the place.

As a result, the Defendants conspired with and enforced to interfere with the victim's main business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is an unfavorable circumstance against the Defendants, such as the following: (a) the crime of this case was committed by the Defendants at their main points in receipt of a request to prevent smoking for about 30 minutes; and (b) the nature of the crime was not somewhat weak; and (c) the Defendant A had a record of being subject to multiple criminal punishment for the same crime.

On the other hand, Defendant B did not have any record of criminal punishment prior to the occurrence of the crime of this case, the Defendants’ acknowledgement of the crime of this case and reflects the mistake, and the victim did not want the punishment of the Defendants by the agreement with the victim, and the arbitr et al. wanting the Defendant’s wife to be boomedly, etc. are favorable to the Defendants.

In full view of the above circumstances and other factors, the Defendants’ age, sex, environment, family relationship, motive, means and consequence of the crime, and all of the sentencing conditions shown in the pleadings of the instant case, such as the circumstances after the crime, etc., the sentence is determined as ordered.