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(영문) 서울북부지방법원 2018.01.18 2017고단4594
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[criminal records] On November 10, 2016, the Defendant was sentenced to one year of imprisonment by obstructing business operations by the Seoul Northern District Court, and the execution of the sentence was completed at the Seoul Eastern House on September 14, 2017.

[2] On September 28, 2017, the Defendant: (a) around 13:20 on September 28, 2017, the victim C (n, 67 years of age) located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “D cafeteria”); (b) the Defendant was requested by the Defendant to return home from the injured party; (c) “I Y Y Y Y Y Y Y Y Y Y Y Y Y YY YY ACT

(1) The victim’s operation of the restaurant was interfered with by force by avoiding disturbance for about one hour, such as threatening the victim’s face, as the victim’s face would be expressed in drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A CCTV video CD on the surface of a crime, and CCTV images on the surface of a crime scene;

1. A previous conviction: A reply to inquiry, such as criminal history, a report on investigation, a report on search results of prisoners, a report on criminal investigation (prior conviction for a repeated crime), and application of statutes of the judgment;

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 35 of the Criminal Act for aggravated repeated crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) has not yet passed after the Defendant was sentenced to a punishment for the same kind of crime, and had committed the instant crime again.

However, the defendant is in depth against the defendant when committing the crime of this case.

As the injured party has agreed with the injured party smoothly, the injured party has not been punished for the accused.

The Defendant committed the instant crime under the influence of alcohol. When considering the degree of the Defendant’s act, sentence of punishment on the sole ground that the Defendant is a repeated offense is extremely harsh.

In full view of these circumstances, the defendant's age, sex, motive for the crime, circumstances after the crime, etc., the defendant is given an opportunity to correct his/her life more than once.

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