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(영문) 수원지방법원 여주지원 2016.09.21 2016고단590

업무방해

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

[criminal record] On April 30, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for interference with business affairs at the Incheon District Court, and was sentenced to five months of imprisonment with prison labor at the Incheon District Court on July 2, 2015 during the grace period, and the sentence of the suspension of execution became effective upon September 4, 2015. On March 2, 2016, the sentence of the said suspension of execution was completed, and the execution of the final sentence was completed at the Incheon District Court for interference with business affairs. In addition, the Defendant had the same power twice more.

[2] Around 02:00 on June 10, 2016, the Defendant: (a) laid in a drinking-water calculation unit on the ground that the victim D, an employee of the Defendant, was under the influence of alcohol while drinking alcohol at a convenience store located in Singing-si B, and took a bath to read “unable years, weather spack,” and even out of the convenience store, the Defendant interfered with the victim’s convenience store business by getting the victim “I am hack hack hack hack h h h h h h h h h h h h h h h h h h h h, and by force to force the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation:

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. Although the Defendant, who had been punished several times for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime during the period of repeated crime, he/she committed the instant crime. However, he/she committed the instant crime by distinguishing his/her mistake, and considering the circumstances that the degree of damage is not relatively heavy, and sentenced to the same sentence as the order.