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(영문) 인천지방법원 2016.10.19 2016고단5042

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 February 4, 2016, the Defendant was sentenced to one year of suspended sentence for 4 months by imprisonment with labor at the Incheon District Court for the crime of interference with business, etc., and the judgment becomes final and conclusive on February 12, 2016, and is currently under suspended sentence

On July 27, 2016, at around 21:00 on July 27, 2016, the Defendant was able to avoid disturbance for about 50 minutes on the following grounds: (a) the Defendant, under the influence of alcohol, took a sound from the victim C’s “D” located in Nam-gu Incheon Metropolitan City, to the victim and female employees; (b) the Defendant, “I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see

Accordingly, the defendant interfered with the operation of the victim's main points by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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

1. Along with Article 334(1) of the Criminal Procedure Act, the period of suspension of execution is under the same kind of crime for the reason of sentencing, considering the circumstances favorable to the fact that the degree of interference with business is relatively less severe, that the victim has paid and agreed to pay the alcohol value to the victim, and that the victim would not repeat the crime again.