(영문) 서울남부지방법원 2018.06.20 2018고단1042

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자간(%)

(영문) 서울남부지방법원 2018.06.20 2018고단1042

업무방해

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On December 24, 2017, at around 23:20 on December 24, 2017, the Defendant: (a) expressed that “C” in Yeongdeungpo-gu Seoul Metropolitan Government, without any reason under the influence of alcohol, calls for the victim D (the age of 39) to “here,” “here,” and “C,” and (b) took the crym to the bottom, thereby interfering with the victim’s restaurant business by force, 35 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report of investigation (specific suspect);

1. Application of statutes on field photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning the crime;

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 of the Criminal Procedure Act is that the Defendant was sentenced to a criminal punishment for fraud, and was released from the prison after the prison, and was not aware of the fact that he had committed the instant crime without being aware of the fact that he was committed during the period of repeated crime. The Defendant committed the instant crime even though having been punished several times for crimes related to the same kind of crime, including the crime of interference

Considering the above unfavorable circumstances, the defendant should be punished with strict punishment, but he/she does not need to repeat the crime with the appearance of the defendant's reflectiveness.

In full view of the fact that the defendant's age, sex, environment, etc. and the various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, the punishment as ordered shall be determined only once, taking into account the fact that the victim compensated for the damage in the course of the investigation and trial of this case and the owner of the damage did not want the punishment against the defendant.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제314조 제1항

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