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(영문) 광주지방법원 2018.04.25 2018고단107
업무방해등
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

【The Defendant was sentenced to a suspended sentence of six months for a reason of obstructing the performance of official duties at the Gwangju District Court on January 15, 2015, and the judgment became final and conclusive on January 23, 2015. On June 1, 2016, upon being sentenced to five months of imprisonment with prison labor by obstructing business operations, etc. at the same court on June 1, 2016 during the grace period, the said judgment became final and conclusive on July 22, 2016, and completed the execution of the said sentence on February 6, 2017.

【Criminal facts】 From around 14:50 on December 24, 2017 to 15:20 on the same day, the Defendant was under the influence of alcohol in the “D” adult game room for the victim C’s operation in Gwangju Dong-gu, Gwangju-gu, “Is, spath, hys, and dysthical customers.”

“Woo-to-be, fluor-beop, and fluor-beop, and the victim who refrains from doing so, “I fluor-be, hackers,” :

b) whether a game has been made and has been made available for a game, and why is why the game will not be used;

In doing so, it was difficult to avoid disturbance, such as not only once a part of the victim's face, in his/her hand, while taking the bath.

Accordingly, the defendant interfered with the victim's game room business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that there are several criminal records against the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is disadvantageous to the defendant.

The defendant reflects his mistake, the victim does not want the punishment of the defendant under an agreement with the victim, the crime of this case was caused by contingency under drinking, and other conditions of sentencing shown in the records and trial process, such as the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime.

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