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(영문) 인천지방법원 2020.05.15 2019고정2603
업무방해등
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 April 3, 2020, the Defendant was sentenced to one year of imprisonment for special intimidation by the Incheon District Court on April 3, 2020, and the judgment became final and conclusive on April 11, 2020.

【Criminal Facts】

1. On November 23, 2018, at around 20:30 on November 23, 2018, the Defendant: (a) attempted to drink 4 diseases in the “C cafeteria” located in the Nam-gu Incheon Metropolitan City, Incheon; (b) obstructed the Defendant’s business by force against the victim D, “I have alcoholic beverages more; (c)”; and (d) “I have alcoholic beverages with this garbage; and (d) Hamb,” and Hamb, five customers on the above cafeteria, and interfered with the victim’s business for about 30 minutes.”

2. The Defendant, at the time and place specified in paragraph 1, insulting the victim by openly insulting the victim by “the same year as this garbage, h.” to the victim, “I am h.,” “I am h.,” “I am h.,” and “I am h.,” etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photograph of a CCTV closure;

1. Previous convictions: The summary agreement aid association, the Incheon District Court Decision 2019No3930, the Incheon District Court Decision 2020No358, the Incheon District Court Decision 2020No358;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A normal defendant, who is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, without any justifiable reason, takes a serious bath to the victim and interferes with the restaurant business, and the nature of the crime is bad.

The defendant has been punished for interference with business even before committing the crime of this case.

A favorable normal defendant shows his attitude to recognize and reflect all the crimes of this case.

judgment becomes final and conclusive.

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