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(영문) 서울중앙지방법원 2017.09.07 2017고단3014

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

피고인은 2017. 3. 30. 02:19 경 피해자 C가 운영하는 서울 중구 D에 있는 'E‘ 식당 안에서 술에 취한 상태에서 주문한 음식을 기다리던 중 아무런 이유 없이 주방에서 일을 하고 있는 여성 종업원들을 향하여 “ 짱 깨 년 들아 나를 개 좆같이 보느냐

It interfered with the victim's restaurant operation by force by avoiding the disturbance between about 20 minutes from that time, such as marching and singing a bath.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the accused and C;

1. C’s statement;

1. Application of investigation reports (in-depth CCTV analysis) and investigation reports (in-depth conditions)-related Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The following circumstances are considered as follows: (a) even though the Defendant was punished by a fine of KRW 500,000 for the crime of assault in 2015, a fine of KRW 700,000 for the crime of assault in 2016, and a fine of KRW 500,000 for the crime of interference with business in 2016, the circumstances favorable to the fact that the Defendant resumed the act of assault in this case, even though he was punished by the crime of assault in 2016: (b) the degree of power or interference with business is not high; (c) the victim does not want the punishment against the Defendant by agreement with the victim; (d) the Defendant’s age, sexual behavior, career, home environment, motive and means of the crime; and (e) the conditions for sentencing specified in the pleadings in this case, such as the motive and means of the crime;