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(영문) 서울동부지방법원 2017.06.20 2017고정559

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On January 27, 2017, the Defendant: (a) around 17:40 on the ground that the victim E (V, 50 years old) who was his/her business owner in the place where the victim E (V, 50 years old) flows with fighting, takes a bath, booms on the ground that the victim E (V, 50 years old) flows with fighting within the food store in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant: (b) putting the alcohol disease on the floor in his/her hand and boomed the electronic calculators (one name campers) monitors on the floor in which the gas was protruding; and (c) booming the string of the string; and (d) cutting the string of the string for about 2 hours, other customers were outside the restaurant that was in a disturbance.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant damaged property by shouldering a shot (electronic calculator) monitor equivalent to KRW 1,980,000 in the market price owned by the victim E in such a way that he/she was on the floor of a small-scale disease on the same date and at the same place as in the preceding paragraph, and sprinked the sprink.

Summary of Evidence

1. Statement by the defendant in court;

1. A E statement and a F statement;

1. Application of Acts and subordinate statutes to photographs and photographs of damaged articles, shots;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act (the point of damage to property) and selection of each fine concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which did not recover damage to the victim for the reason of sentencing at the Nowon-gu Station, and the Defendant wanted to punish the Defendant. In the past, the Defendant had a record of criminal punishment for committing a crime of assault, insult, etc. after drinking alcohol, and even considering the sentencing conditions in the instant trial, it does not seem that the amount of fine determined by the summary order is excessive.