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(영문) 인천지방법원 2018.06.22 2018고단3130

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 24, 2018, at around 23:00, the Defendant, at the “E” entertainment drinking point operated by the victim D in Gyeyang-gu Incheon Gyeyang-gu, sent a breath to the other customers of the said entertainment drinking point for about 40 minutes on the ground that the Defendant told the victim D, “E,” but, on the ground that the victim’s words “I do not cause a bruth.”, he saw the said entertainment drinking point to the other customers, sent a bath to the said entertainment shop, added a pursuant to the pursuant pursuant to the brush to the pursuant to the brush, and carried a bruth for about 40 minutes, by cutting the pursuant to the pursuant to the pursuant pursuant to the brush.

Accordingly, the Defendant interfered with the victim's main business by force as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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 Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is to interfere with the victim’s main business operations by drinking alcohol, breathing other customers, cutting off, exposing a pursuant, destroying a fire.

The defendant knows in the prosecutor's investigation that he/she is aware that he/she has committed violence in the withdrawal of alcohol.

Since the crime of this case was committed under the influence of alcohol despite statement, there is a high possibility of criticism.

The defendant has a past record of criminal punishment of 18 times, including the five-time criminal records and three-time criminal records of suspended execution, and such criminal records have reached 11 times the criminal records of violent inclinations.

In particular, the Defendant committed the instant crime without being aware of the period of repeated crime even after the completion of the last sentence on April 13, 2017 due to previous criminal records, and the Defendant committed the instant crime. Therefore, the Defendant’s liability is not less than that of the crime.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The injured party shall be punished for the accused by the unanimous agreement with the injured party.