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(영문) 인천지방법원 2017.06.22 2017고정647
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 March 31, 2017, the Defendant was sentenced to one year of suspended execution for six months of imprisonment with prison labor by the Incheon District Court on March 31, 2017 and the judgment became final and conclusive on April 8, 2017.

1. On October 2016, the Defendant was able to avoid a disturbance due to humiliation and high nature on the ground that the Defendant did not open doors at “C subdivision house” located in the Incheon Gyeyang-gu apartment B apartment building, Gyeyang-gu, Incheon, and that he did not drink and open doors at the next shop. Dan for female students who were eating.”

"I am bad" has interfered with the victim D's restaurant business by force for about 20 minutes, such as creating a crypology by horses.

2. On October 28, 2016, the Defendant obstructed the Victim F (48 years old)’s house operation by force of about 30 minutes, i.e., putting 10 minutes inside the business place and continuing noise on around 10 occasions, at the entrance of “Enin house” in B apartment building, which is the same place as the above 19:00, the Defendant 19:00.

3. At the same time as the above 2 paragraph, Defendant H (hereinafter “G”), for the same reasons as before the restaurant “G” located in B apartment building, set forth in the above 2 paragraph, and Defendant H (56 Doz), and “Is out weather and outdoor table as soon as possible.”

For about 30 minutes, the victim’s restaurant business was obstructed by force for about 30 minutes, such as putting the tape on the house, putting the tape on the top of the parking lot floor in front of the business establishment, and threatening the “csings and to no longer than those of the strings.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Written statements prepared D and F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of case search and judgment;

1. Relevant Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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