(영문) 수원지방법원 안산지원 2015.03.12 2015고단78

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(영문) 수원지방법원 안산지원 2015.03.12 2015고단78

업무방해

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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On April 1, 2014, the Defendant was sentenced to two years of imprisonment with labor for the crime of interference with business in the Suwon District Court’s Ansan Branch for the crime of interference with business, and the said judgment became final and conclusive on April 9, 2014, and is currently under the grace period.

On January 14, 2015, from around 07:40 to 08:40 on the same day, the Defendant expressed, without any reason, the victim D’s desire to embling and drinking boom at a restaurant operated by the victim D, which was operated by the victim D, and without any reason, the Defendant interfered with the victim’s restaurant business by forcing the victim to enter by avoiding the disturbance, i.e., e., “const with the will of the mind,” and “constion,” to the victim who had prevented him from spreading the table, i.e., going to the door, and going to the door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (in cases of attaching a report, such as a field photograph);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (verification of the suspension period of execution against A by a suspect), and statutes;

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. In light of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order commits the crime of this case again even though he/she was currently under the period of suspension of execution of the same kind of crime, and that the defendant has the same criminal records as the defendant several times, it is unnecessary to punish the defendant

However, in consideration of the circumstances, such as the fact that the instant crime was committed in a drunken state, the fact that the Defendant appears to reflect, the fact that the victim was not injured due to the instant crime, the fact that the victim agreed with the victim, etc., the final decision to place the Defendant, thereby determining the punishment as above.

참조조문

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