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(영문) 인천지방법원 2019.07.25 2019고단3970
업무방해
Text

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

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

Reasons

Punishment of the crime

At around 14:30 on May 27, 2019, the Defendant: (a) lent the knife to the victim C (n, 44 years of age) working in Gyeyang-gu Incheon, Incheon, the Defendant obstructed the operation of the restaurant of the victim by force of approximately 20 minutes, such as using a knife knife knife knife (32 cm in total length, 19 cm in day length, 13 cm in hand) from the victim under the influence of alcohol, and using a knife and knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photograph CCTV images by capturing them;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which was sentenced to one year by a defendant for special larceny on August 17, 2017, is not that of the crime liability by committing the instant crime within three years after the execution of the said sentence was completed.

However, it is against the defendant's recognition of the crime.

The degree of interference with business cannot be considered as serious and agreed with the victim.

Although the previous department is twice the defendant, it is punished by a fine in the year 2012.

Comprehensively taking into account such circumstances as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence shall be determined as ordered.

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