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(영문) 서울서부지방법원 2018.07.20 2018고단1682

업무방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On May 6, 2018, the Defendant: (a) around 05:00 on May 6, 2018, the Defendant: (b) spiting the brine on the floor of “D” restaurant where the Victim C works in Mapo-gu Seoul Metropolitan Government; (c) whether the Defendant was discharged in a large volume; (d)

C. “Arrest”, “Arrest, sound, and disturbance for about ten minutes, and obstructed the business of the victim’s restaurant by stopping and allowing customers who are unable to know the name of the said restaurant to leave the restaurant, etc.

2. The Defendant violated the Punishment of Minor Offenses Act at the same date and time as set forth in paragraph (1) of this Article, and at a place where the Victim C sells, the Defendant did not pay the amount of 15,000 won for the first boomed rice with a single boomed rice with a market price equivalent to KRW 4,00,000 for the following reasons:

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of interim Acts and subordinate statutes on invoices;

1. Relevant Article 314 of the Criminal Act and Article 314 of the Criminal Act (1) (the point of interference with business, the selection of fines), and Article 33 (1) 39 of the Punishment of Minor Offenses Act (the point of non-permanent crime) concerning the crime;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The punishment shall be determined in consideration of all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., in light of the following circumstances: (a) the victim’s misjudgments; (b) the damage is relatively minor; (c) the victim wants his/her wife by agreement with the victim; (d) the treatment and life of alcohol respect; and (e) the victim repeats the crime during the period of the same repeated offense; and (e) the records of punishment due to assault, etc. are several times;