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(영문) 대전지방법원 2020.10.22 2020고정764
업무방해
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Criminal facts

On April 25, 2020, from around 10:21 to 12:33 of the same day, the Defendant, at a “D” restaurant operated by the victim C (Nam, 32 years of age) in Seo-gu Daejeon-gu, Seo-gu, Daejeon,: (a) stated, the Defendant, by force, the victim’s desire to “ception” and the victim, who drinked a breabbb while drinking; (b) stated that “ception”, “ception, hump, and hump” as the breab, and thereby interfered with the victim’s restaurant business by force over 2 hours to 10 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. The application of eight Acts and subordinate statutes to the police report of C and E on-site CCTV images (such as the verification of CCTV images);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized by the defendant, and the victim does not want the punishment, etc. are favorable to the defendant.

However, the defendant has a number of criminal records, including three criminal records of the same and similar criminal records, and the possibility of re-offending by the defendant in light of such criminal records, etc. shall be determined as ordered by comprehensively taking into account the defendant's age, character and conduct, environment, motive and means of crime, results, and all the circumstances shown in the records and arguments of this case, such as the circumstances after the crime, etc.

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