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(영문) 춘천지방법원 강릉지원 2018.07.27 2018고단502
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

On April 29, 2018, the Defendant: (a) 15:25 on April 29, 2018, went to the “E” restaurant operated by the victim D in Gangseo-si, Gangnam-si; (b) the victim recommended the Defendant to return home, and (c) caused the Defendant to run a cafeteria, thereby obstructing the victim’s restaurant business by force, by obstructing the Defendant from running 25 minutes of the disturbance, such as crying the cryp, why the inside and outside of the cryp, and flying the cryp.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning investigation reports (related to field photographs);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which committed the instant crime during the period of repeated offense, is that the Defendant committed the instant crime during the period of repeated offense, and that there are many violent criminal records, are disadvantageous factors to sentencing, and that the Defendant agreed with the victim, and that the Defendant was hospitalized at the hospital to cure the declimatic proof of alcohol, is favorable factors to sentencing.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, health condition, background leading to the crime, means and result, etc., shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act.

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