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(영문) 수원지방법원 2020.09.11 2020고단3004
업무방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal power] On May 28, 2020, the Defendant was sentenced to two years of suspended execution in October due to the crime of interference with business, etc. by the Incheon District Court, and the judgment became final and conclusive on June 5, 2020.

【Criminal Facts】

At around 23:00 on April 11, 2020, the Defendant obstructed the victim’s convenience store business by force of about 10 minutes for customers, including, but not limited to, the Plaintiff’s convenience store operation, under the influence of alcohol, the Defendant was under the influence of alcohol to refrain from calculating the two cigarettes from calculating the two cigarettes from the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. On-site photographs and caps of CCTV images;

1. Previous records: Investigation report (the indictment of the case and the attachment of the same kind of power to the court), indictment, and application of Acts and subordinate statutes which are significant to this court;

1. Article 314 (1) of the relevant Act concerning the facts constituting an offense, the selective punishment, and Article 314 (1) of the selective punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an unfavorable circumstance to the defendant, even though the defendant was under the influence of alcohol and was under criminal punishment several times due to the same kind of crime, and the defendant committed the crime of this case without being sentenced to criminal punishment.

On the other hand, the fact that the defendant recognizes the crime of this case, appears to have agreed with the victim, and that the equality with the case of judgment should be considered at the same time as the previous conviction is favorable to the defendant.

Other records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc.

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