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(영문) 인천지방법원 2017.04.27 2017고단1578
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 5, 2017, at around 20:0, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance and allowing customers to leave the place, thereby obstructing the victim’s restaurant business by force. On March 5, 2017, in the “E restaurant” operated by the victim D (n, 54 years of age) located in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 314(1) of the relevant Act on criminal facts, Article 314(1) of the Criminal Act on the selection of punishment, grounds [the scope of recommended punishment] for sentencing of imprisonment [the scope of business] interference with the reduction area (including efforts to recover damage] [the person who has been specially mitigated] reflects the reduction area (including the decision of sentence] [the decision of sentence], and agreed with the victim, but it is judged that there is no possibility of retoxicing because the defendant was under the same kind of crime even though he was under the trial of the same kind of crime.

Provided, That additional consideration shall be given to the fact that the degree of interference with business is not serious.

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