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(영문) 인천지방법원 2014.11.14 2014고정3375
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a kind of victim B(42 years of age) C and a person who has a claim or obligation.

1. The Defendant, from around 12:50 on July 31, 2014 to around 13:20, obstructed the victim’s restaurant business by force for about 30 minutes, by setting up the entrance door to the victim at the E-cafeteria operated by the victim in Seo-gu Incheon, Seo-gu, Incheon, and preventing customers who had entered the said restaurant from entering the restaurant by setting up the entrance, and taking a bath to the employees in the kitchen, etc.

2. From around 16:10 on July 31, 2014 to 16:30, the Defendant: (a) provided that “the Defendant shall promptly repay the money” to the victim at the place prescribed in paragraph (1); (b) obstructed the victim’s restaurant business by force for about 20 minutes by preventing customers who had entered the said restaurant from entering the restaurant by blocking the entrance of the restaurant, and collecting plastic boxes accumulated in front of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes in B;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. Although there are circumstances unfavorable to the defendant, such as the victim's interference with the business of the victim and the fact that the victim had been punished twice due to the same kind of crime, the amount of the fine determined by the summary order shall be reduced partly by taking into account the fact that the victim does not want the punishment against the defendant, etc., as stated in paragraph (1) of Article 334 of the Criminal Procedure Act, after being investigated by the police station for the crime as stated in paragraph (1) of the same Article.

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