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(영문) 서울남부지방법원 2020.12.09 2020고단3365
업무방해
Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On December 27, 2019, the Seoul Southern District Court sentenced four months of imprisonment with prison labor for the crime of interference with business, which became final and conclusive on June 20, 2020.

【Criminal Facts】 From May 15, 2020 to 20:45, the Defendant interfered with the victim’s operation of the said restaurant by force for a period of about one hour, such as under the influence of alcohol from the restaurant of “D” operated by the victim C, which is operated by the victim C, in Geumcheon-gu Seoul, Geumcheon-gu, to the large interest of the public, and to the sound of the public.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs of crimes;

1. Each report on investigation;

1. Previous convictions: Criminal records, previous convictions and results of dispositions, and application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 is that the Defendant not only has been punished for the same kind of crime, but also commits the instant crime during the suspended execution period for the same kind of crime, and does not reach an agreement with the victim, the instant crime is very bad in terms of the nature and circumstances of the crime.

However, due to the judgment of the latter part of the judgment which was punished for the same crime, the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions including the defendant's age, character and behavior, environment, motive for the crime and circumstances after the crime, etc., including the fact that the suspended sentence of two years has been invalidated in six months of imprisonment due to the judgment of the latter part of the judgment of the judgment, the fact that the suspended sentence of two years of imprisonment has been invalidated in entirety and the extent of exercise of tangible power

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