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(영문) 인천지방법원 2021.01.13 2020고정2153
업무방해등
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On July 11, 2020, at around 00:35, the Defendant obstructed the victim restaurant business by force for about 3 hours, such as taking photographs from the outside of the business establishment to the cell phone of the victim C(40) of the first floor of the building in the Namdong-gu Incheon Metropolitan City B (40) on the ground that the victim rejected the order of alcohol, and preventing or allowing the customer from taking the position of the customer on the ground that the victim rejected the order of alcohol.

2. 퇴거 불응 피고인은 2020. 7. 11. 00:49 경부터 02:15 경까지 사이에 인천 남동구 E에 있는 인천 논 현 경찰서 F 지구대 사무실에서, 1. 항과 관련하여 경찰 조사를 받고 경찰관이 귀가하도록 조치하였으나 다시 지구대로 찾아와 " 내가 뭘 잘못했냐,

C. The police officers, including Gman G, wanting to interfere with the duties of the Defendant several times, and wanting to produce the Defendant out of the earth, but the police officers refused to comply with the demand of the police officers to leave for about one hour and twenty-six minutes, emphasizing it.

Summary of Evidence

1. Application of the Act and subordinate statutes to a report on internal investigation (on-site inspection, etc.) prepared by the Defendant’s legal statement G, and a report on investigation (the inspection of the FJ CCTV images)

1. Relevant statutory provisions of the Criminal Act and Article 314(1) of the Criminal Act regarding criminal facts, Article 319(2) and (1) of the Criminal Act, the selection of a fine for each crime [the defendant was sentenced by the Incheon District Court on March 8, 2019 to imprisonment with prison labor for a violation of the Narcotics Control Act (a violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on March 8, 2019; a suspended sentence of three years; and the judgment became final and conclusive on March 16, 2019; however, the circumstances leading to the instant crime are unfortunateed; however, the defendant agreed with the victim C at the investigation stage, and considering the circumstances in which the

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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