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(영문) 서울동부지방법원 2018.07.05 2018고단1620
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. Around 09:00 on March 9, 2018, the Defendant obstructed the victim’s restaurant business by force of approximately 30 minutes, such as drinking at the “D” restaurant managed by the victim C, which is in Seongdong-gu Seoul Metropolitan Government, and drinking at that place, and drinking from other customers who are in the place of meals, “hingingly.” The Defendant interfered with the victim’s restaurant business by force.

2. On March 9, 2018, at around 89, the Defendant damaged the Defendant’s property by breaking the fire of KRW 20,000, which was owned by the above police box owned by the Defendant and destroyed the Defendant, while sitting at the Defendant’s front seat to be examined as to the facts of the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes on receipts for the purchase of damaged fire extinguishing photographs and fire extinguishings;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished as a crime of destroying property on or around 2006. However, the degree of interference with the business of the instant crime is not significant, and the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and other conditions of sentencing specified in pleadings, such as the Defendant’s age, sexual conduct, motive, means and consequence after the crime, shall be determined as indicated in the order.

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