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(영문) 인천지방법원 2018.05.17 2018고단1525
업무방해등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On January 16, 2018, from around 22:03 to 22:50 the same day, the Defendant: (a) had been under the influence of alcohol at the D inn of the victim C ( South, 58 years of age) located in Ulsan-gu, Ulsan-gu; (b) had been at the entrance of the entrance to three stories from the entrance of the entrance; and (c) had the victim interfered with the operation of the victim’s inn by force by exposing the disturbance, such as opening the door of several guest rooms in the entrance to the said inn; and (d) having the customers accommodated in the saidn room to leave, thereby obstructing the victim’s inn operation by force.

2. Around January 17, 201, the Defendant violated the Punishment of Minor Offenses Act: (a) 00:01, the Defendant, while under the influence of alcohol, she was humped by the horses and actions of the Ulsan Heavy Department’s criminal department in the Southern East-gu, Ulsan-do, and the integrated office of duty; and (b) the Defendant, while under the influence of alcohol, talked C with the large interest of “I am dead, and am dead, and ambia.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of interference with business), and the selection of fines, respectively, for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the aggregate of the maximum amount of the crimes above two crimes prescribed by a crime of interference with heavier business);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 15,60,000 won;

2. The sentencing criteria shall not apply as the person selects a fine for sentencing; and

A fine of KRW 10,00,000 has been punished several times for the same crime, and in particular, it is necessary to strictly punish the defendant when considering the fact that the defendant did not know himself during the period of repeated crime for the same crime and did not go to each crime of this case.

However, the defendant is now.

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