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(영문) 서울남부지방법원 2019.08.30 2019고단2285
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 29, 2019, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Seoul Southern District Court on January 29, 2019, and the judgment became final and conclusive on February 8, 2019, and is currently under suspended sentence.

On April 3, 2019, at around 21:20, the Defendant d'D' restaurant working for the victim C in Geumcheon-gu Seoul Metropolitan Government, and obstructed the victim's restaurant business for about 40 minutes by force, such as, in the drunken state, the Defendant d'D' restaurant with a large volume of noise, such as, “flasing, drinking,” the victim under the influence of alcohol, and her hand, her hand, her hand, her seated on the table table with four other customers seated, making the customer move to another table, and thereby obstructing the victim's restaurant business.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and each investigation report;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of each Act and subordinate statutes reporting criminal investigations;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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 of the provisional payment order is deemed to have committed the instant crime during the period of suspension of execution, but the sentence shall be determined as ordered in consideration of the following: (a) the Defendant’s mistake is against himself/herself; (b) the victim did not want the punishment; and (c) the age, character and conduct, environment, circumstances of the crime, means and result of the crime; and (d)

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