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(영문) 의정부지방법원 2016.11.29 2016고단1590
업무방해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 22:40 on December 13, 2015, the Defendant and C told the victim D, who is located in △△△△△△△△△, to refuse to sell the alcoholic beverages from the victim. However, the Defendant demanded the victim to provide the alcoholic beverages for about 30 minutes, but the Defendant, who was in the process of performing the bath, was released on the table of other customers by putting the boom on the table.

Accordingly, the defendant damaged the victim's market price of 10,000 won, and interfered with the victim's main business in collusion with C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. A written statement of F and G;

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV images closure photographs;

1. Relevant Article 314 (1) and Article 30 of the Criminal Act, Article 366 of the Criminal Act, and the choice of penalties for each fine concerning the crime;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the victim’s main business was considerably obstructed due to the instant crime, etc. However, the Defendant’s liability is not minor, taking into account the following circumstances: (a) the Defendant led to the confession of each of the instant crimes; (b) the Defendant was a primary offender who has no record of criminal punishment; (c) the victim did not want the Defendant’s punishment by mutual consent with the victim; and (d) the Defendant’s age, occupation, character and conduct, details of the crime, and circumstances after the crime, etc.,

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