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(영문) 인천지방법원 2018.04.26 2017고단9602
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 December 6, 2017, at around 23:20, the Defendant interfered with the victim’s main business by force by forcing the customers who had been at the main points to escape a disturbance, such as demanding the payment of the drinking value from the injured party, requesting the payment of the drinking value from the injured party, making a bridge to the right angle, following the table, and destroying beer’s disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the receipt statute

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances which are disadvantageous to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The victim shall not be punished because an agreement has been reached prior to the occurrence of the period of repeated crime, and cumulative circumstances favorable to the same and similar criminal records:

In the course of crime, the physical force of this kind has not been exercised.

In light of the background and reason of the crime, it seems necessary to prevent the recidivism permanently at the stage of returning to society after being released from prison, rather than the detention that can be limited to short-term isolation unless the environment to restrain recidivism is improved.

The defendant is committed to the treatment of alcohol in the process of public trial with the assistance of counsel at the latest.

It shall be sentenced to a fine in consideration of the sentencing factors against the defendant.

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