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(영문) 인천지방법원 2018.05.02 2018고단1862
업무방해
Text

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

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

Reasons

Punishment of the crime

On February 18, 2018, at around 02:50, the Defendant, under the influence of the victim D (n, 20 years of age)’s convenience store in Dong-gu Incheon Metropolitan City, e.g., the Defendant 20 minutes of time to other customers under the influence of alcohol, and obstructed the victim’s convenience store business by preventing customers from entering the above convenience store by avoiding the disturbance between about 20 minutes of time, by continuously exposing and destroying the beer’s disease, which was being used by the victim on his hand, even though the victim requested the Defendant to leave the above convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The agreement was reached with the victim.

The degree of tangible power of the defendant is not significant.

Unfavorable circumstances: the defendant has been punished for the same kind of crime in the past.

The Defendant committed the instant crime without being subject to suspended sentence, even though he was sentenced to a suspended sentence, and again committed the instant crime during the suspended sentence.

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