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(영문) 춘천지방법원 2021.02.02 2020고단1161
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

On August 18, 2020 (see, e.g., evidence record), the Defendant was sentenced to a suspended sentence of three years for a violation of road traffic law in the Chuncheon District Court of 1 year and June (see, e.g., Supreme Court Decision 2020Sang 475, Aug. 26, 2020).

Criminal facts

1. On August 8, 2020, the Defendant: (a) obstructed the business of the victim’s restaurant at around 23:40 (see, e.g., evidence No. 12 of the record); (b) “D” restaurant operated by the victim C (V) in Chuncheon City B; and (c) “D” restaurant operated by the victim C (V, E, 54 of the record of evidence); and (d) the customer, who was a food among the table table table table table table, under the influence of alcohol, talked with a disturbance, such as “grhing tobacco.” (e.g., going to a large and large level; and (e) having other customers go to the place, thereby obstructing the victim’s restaurant business

2. The Defendant subject to compulsory indecent act is a person who is different from the victim as described in paragraph (1) of the Victim E (V, 56 years old) where he/she provided meals at the place described in paragraph (1) around 00:10 on August 9, 202 and the victim as described in paragraph (1) of the same Article.

A. Due to the act described in paragraph 1 of this Article, the Defendant’s act committed an indecent act by force against the victim by assaulting the victim’s chest and her knife with the victim’s knife with the victim’s knife’s knife with the Defendant’s knife’s knife with his knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each damage statement;

1. On-site photographs (referring to three pages);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Provided, That concurrent crimes after Article 37 of the Criminal Act and confirmation of facts under probation period);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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