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(영문) 인천지방법원 2017.01.11 2016고단7231

업무방해

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to 6 months of imprisonment with prison labor or 2 years of suspended execution on January 20, 2016 by the Incheon District Court, and the above judgment became final and conclusive on January 28, 2016, and is currently under suspended execution.

[2] On October 14, 2016, from around 00:30 to around 02:15 on the same day, the Defendant obstructed the victim’s operation of entertainment drinking places for about two hours, on the ground that: (a) the victim C operated in Seo-gu Incheon, Seo-gu, Incheon, and (b) the victim should make the payment first to the Defendant in order for the Defendant to become an entertainment receptionist; and (c) the victim’s operation of entertainment drinking places for about two hours.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (reports attached to the relevant prior written judgment);

1. Article 314(1) of the Criminal Act and Article 314 of the same Act concerning the crime (Considering all the factors of sentencing, including the criminal record of the defendant and the contents of the crime in this case);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;