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(영문) 서울남부지방법원 2020.12.16 2020고단4068
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On July 14, 2020, at around 23:57, the Defendant obstructed the business operation of the victim’s restaurant by force by avoiding disturbance for about 20 minutes, such as bringing the victim and his/her employees to the “D” restaurant operated by the victim C in Gangseo-gu Seoul Metropolitan Government, and setting them to the “D” restaurant, and setting him/her on the table for the main line.

2. On July 14, 2020, the Defendant: (a) under the influence of alcohol at around 23:58, and at the place of Paragraph (1), 23:58, the Defendant breadddd the victim E, while breading him to the victim E; and (b) abused plastic water disease, which is a dangerous object on the table.

Summary of Evidence

1. Application of the Acts and subordinate statutes on CCTV images CDs to the defendant's legal statement C and police statements made to E;

1. Relevant Article 314 (1) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of interference with business), the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is to be determined as ordered by taking into account all the circumstances regarding the sentencing prescribed in Article 51 of the Criminal Act, including the following circumstances, such as the defendant’s age, character and conduct, environment, criminal records, and circumstances after the crime.

Unfavorable circumstances: The defendant repeated the crime during the period of the suspension of the execution of imprisonment with prison labor, and the same violent crime records are six times.

The favorable circumstances: The defendant appears to have reached an agreement with the victims (C and E); and the defendant's attitude to reflect on the crime.

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