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(영문) 인천지방법원 2017.07.20 2017고단1926

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 14, 2017, at around 11:50, the Defendant d'E restaurant operated by the victim D in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu on February 14, 2017. The Defendant d'E restaurant without any justifiable reason, Dacing the customers with a view to booming booming the customers.

Along to approximately 30 minutes of punciation, the victim interfered with the restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to investigation reports (CCTV image analysis), and internal investigation reports (employee statements);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the punishment in the workhouse, are crimes during the period of repeated crime, and there are a large number of criminal offenses against the Defendant. The circumstances favorable to the Defendant are recognized by the Defendant’s mistake and reflects himself/herself, and have received a letter of favor from the injured party. A contingent crime is committed. It is unlikely that the health conditions such as urgency, e.g., the Defendant’s age, sex behavior, family relationship, property status, etc. are not good. A punishment should be determined as ordered in consideration of the circumstances above, and all other conditions of sentencing,