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(영문) 인천지방법원 2019.04.29 2018고정2725

업무방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 16, 2018, from around 17:45 to around 19:07, the Defendant interfered with the legitimate operation of the victim by force, 1 hour and 20 minutes per hour and 20 minutes per hour, by allowing the victim D to enter the above restaurant operated by the victim D while drunking alcohol, and to take one of the naval stations in the above restaurant operated by the victim D, without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and reflect the instant crime, and to agree with the victim.

However, the Defendant had been punished several times for the same type of crime as the instant crime, and again committed the instant crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions specified in the records and arguments of this case.