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(영문) 인천지방법원 2016.10.20 2016고단5285
업무방해등
Text

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

[Criminal Power] On January 22, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Incheon District Court on January 2, 2015 and two years of suspension of execution for a period of one year and six months, which became final and conclusive on the 30th of the same month.

【Criminal Facts】

On July 24, 2016, from around 18:30 to 20:30, the Defendant expressed a desire to “F” restaurant operated by the victim E in Seo-gu Incheon, Seo-gu, Incheon, that the other customers would grow up without any reason, and would prevent the funeral from being performed in G while eating in the restaurant. The above restaurant employees and police officers dispatched to the above restaurant after receiving a report 112 from the Defendant were able to stop home while staying home while leaving the restaurant, the Defendant expressed their bath as above, and obstructed the business of the victim’s restaurant by force by forcing other customers, who had been on the said restaurant, to leave the restaurant, and thereby obstructing the victim’s business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Each written statement of E and I;

1. Previous records: Application of Acts and subordinate statutes to the accused's legal statements, criminal records, inquiry reports, investigation reports (reports on the same records of suspects), investigation reports (reports attached to the final judgment of related cases, etc.);

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

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 had a record of criminal punishment over 11 times including the same crime, and further, the crime of this case was committed without being aware of during the period of suspension of execution, and the circumstances after the crime are not good, are contrary to the agreement with the victim, and it is contrary to the agreement with the victim.

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