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(영문) 인천지방법원 2016.12.21 2016고단7591
업무방해
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On November 6, 2016, the Defendant, at around 10:00, obstructed the victim’s game room business by force for about 30 minutes, such as avoiding disturbance, even though he/she received a request for delivery from E, a game room employee, by entering the said game room under the influence of alcohol.

2. The Defendant, at around 14:50 on the same day as the above 14:50 day, found the “D” again, and made customers feel humping and huming, and obstructed the victim’s game room business by force for about 20 minutes, such as drinking, setting a screen on the game machine, and avoiding disturbance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. Taking into account the fact that the type of the instant crime, the Defendant’s erroneous recognition and reflects, and the Defendant’s employee E in the game room expressed his intent that the Defendant does not want the punishment on the condition that the Defendant would not again be mistaken in the game room, a fine shall be imposed on the Defendant.

In determining the amount of fine, the Defendant had a record of interference with the business of the Defendant, and, in particular, the Defendant was sentenced to imprisonment with prison labor for six months for obstruction of performance of official duties at the Incheon District Court on September 23, 2015, and the judgment became final and conclusive on October 1, 2015, and was still under suspension of execution. However, the Defendant did not know of the fact that the Defendant again committed the instant crime while being tried to commit a separate injury on May 6, 2016.

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