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(영문) 전주지방법원 2019.06.25 2018고단2196
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal power] On September 14, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of interference with business, etc. at the Daejeon District Court’s Incheon District Court’s Branch on September 22, 2017, and the said judgment became final and conclusive on September 22, 2017. On January 10, 2018, the Seoul Southern District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for a violation of the Financial Investment Services and Capital Markets Act, and was final and conclusive on January 18, 2018.

【Criminal Facts】

On September 26, 2018, at around 19:15, the Defendant expressed a bath to the victim B (here, 61 years of age) at “D” operated by Yansan-gu C, Jeonju-si, and, for customers, who are drunk and seated in the next table table, she was unable to avoid disturbance for about 30 minutes, such as “Isle a large number of drinking flad. Chewing f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.,

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement (B);

1. Application of Acts and subordinate statutes for reporting internal accidents;

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 Defendant commits the same crime during the suspension period of execution due to the reason for the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, etc.

However, the sentencing like the order shall be determined by comprehensively taking into account the following factors: (a) the facts that the instant crime appears to have occurred contingently; (b) the victim has not been punished by the original agreement with the victim; and (c) the Defendant’s age, character and conduct, environment; (d) the motive and background of each of the instant crimes; and (e) the motive, means and methods of each of the instant crimes; and (e)

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