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(영문) 제주지방법원 2016.09.30 2016고단1497
업무방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 6, 2015, at around 08:00, the Defendant returned to the “E” room operated by the victim D in Jeju-si, around 08:00, the Defendant: (a) expressed the PC inside the PC while under the influence of alcohol, and made customers unable to use the PC normally; and (b) obstructed the victim’s PC operations by force for about 20 minutes until 08:20 minutes of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes prepared by the F;

1. Relevant legal provisions and the choice of punishment for a crime: Article 314 (1) of the Criminal Act and the choice of fines;

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

1. A provisional payment order: The defendant, on January 21, 2015, was sentenced to six months by the Jeju District Court for the reason of sentencing under Article 334(1) of the Criminal Procedure Act by obstructing business operations, etc. on May 27, 2015, and was sentenced to six months by the Jeju District Court, and the execution of the sentence was terminated by the Jeju Prison on May 27, 2015, and is under repeated crime. The defendant was indicted for obstructing business operations or inflicting bodily injury on October 30, 2015 and was sentenced to imprisonment on May 19, 2016 and is currently pending in the trial of the court of final appeal, and is also punished by a fine on more than six occasions for the same or similar crime.

In this respect, the defendant's crime of this case is likely to be criticized, and the responsibility of this case is weak.

shall not be deemed to exist.

However, in light of all the sentencing conditions, such as the fact that the date of the instant crime was committed on August 6, 2015, there were circumstances that could have been prosecuted as the case pending in the judgment of the court of final appeal, the fact that the Defendant recognized all the criminal facts, and the victim did not want the punishment, it is reasonable to select and punish the Defendant as a fine only once.

Accordingly, the punishment shall be determined by taking into account the motive and background of the instant crime, circumstances after the crime was committed, the occupation, age, family relationship, etc. of the Defendant.

It is so decided as per Disposition for the above reasons.

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