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(영문) 서울중앙지방법원 2018.01.11 2017고단7962
업무방해
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

On August 17, 2017, at around 18:19, the Defendant: (a) demanded the victim E, who is the owner of the restaurant business in Seocho-gu Seoul, to be able to drink for drinking on the ground that the victim E drinks drinks and takes a bath continuously while drinking alcohol, and continuously talks, and (b) obstructed the operation of the restaurant by the victimized person, by force, for about two hours by avoiding disturbance and taking a bath.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of E;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant was sentenced to a suspended sentence of ten months on May 2, 2017 by a crime of interference with business at the Seoul Central District Court on May 11, 2017, and the judgment became final and conclusive on May 11, 2017, and repeatedly committed the same kind of crime even though the defendant had been punished several times as a crime of interference with business: The defendant suffers from the U.S. C. S. C. and alcohol dependence; the damaged person was not punished against the defendant by an agreement after the victim's compensation; and the crime is recognized.

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