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(영문) 부산지방법원 2020.05.07 2020고정392
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

The Defendant, from around 23:30 on December 10, 2019 to around 00:10 on the following day, entered the place of “D” operated by the Victim C located in Busan Jung-gu to drink with alcohol and drinking alcohol by placing an order, and the Defendant, on the ground that the victim and his/her related persons only differ and are bad for a certain period of time, was unable to avoid disturbance while taking a bath through several times.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in this court;

1. Entry of C’s statement;

1. Application of Acts and subordinate statutes to written agreements;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that a fine of KRW 3,00,000 prescribed by the summary order shall be deemed to be somewhat heavy in view of the following: (a) the Defendant’s history of punishment has reached 11 times, and among them, the two times the punishment had been imposed for the same kind of crime in this case; and (b) considering the fact that the Defendant led to the confession of and reflect against the Defendant; and (c) the agreement with the victim, etc., a fine of KRW 2,00,0

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