Text
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On September 27, 2019, the Defendant: (a) around 00:08, at the Dju, operated by the victim C of the first floor of the Bupyeong-gu Incheon Bupyeong-gu B commercial building (Namnam and 40 years of age) of Bupyeong-gu, Incheon, 2019, the Defendant was unable to enter the place where the customers are placed, and the order delivery was revoked by taking advantage of the 30 minutes of tobacco, such as smoking, drinking, drinking on the floor of the beer, and taking the victim’s restraint.
Accordingly, the defendant interfered with the victim's main business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. Notification of a department related to the 112 Incident report and field photographs;
1. Application of Acts and subordinate statutes to report internal investigation (field situation, victim's statement, etc.), internal investigation report (Preparation of field inspection room and victim's statement statement, and analysis of CCTV images in burial);
1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and reflect the instant crime, and to agree with the victim.
However, the Defendant had been punished for the same kind of case two times after 2018, and again committed the instant crime.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. of this case and all the sentencing conditions as shown in the records and arguments.