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(영문) 인천지방법원 2017.10.26 2017고단6013

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.

Reasons

Punishment of the crime

On August 2, 2017, at around 22:30, the Defendant: (a) 'D' restaurant operated by the victim C (n, 49 years of age) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) 'D' restaurant, without any justifiable reason, took a bath at a large interest; (c) thrown away the tables on which the customer was seated; and (d) laid down the reported new match and the cell phone in a way that the customer left the restaurant, and obstructed the victim's restaurant business by force for about 15 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Although there is a record of having been punished several times for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the crime of this case is not good, it is judged as ordered by taking into account all sentencing factors as shown in the argument of this case, such as the defendant's age, sex, environment, motive and means of the crime, consequence, etc., and the fact that the victim and the victim have agreed to do so smoothly, and that their mistake has been divided in depth.