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(영문) 인천지방법원 2017.12.21 2017고단5987
업무방해
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

From August 4, 2017 to 02:00 on the same day, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance for about 20 minutes, including: (a) the Defendant: (b) throwing up two drinking-types to the entrance of the next table on the ground of the 'F cafeteria’ managed by the victim E in Bupyeong-gu Incheon, Incheon; (c) throwing off two drinking-types on the ground of the 'F cafeteria’; and (d) putting the drinking-types off in the process of dispute with customers; and (e) putting the drinking-types off in the course of dispute with customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of statutes on site photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment: The punishment shall be limited to the cases where a person breaks off and takes a bath for the minor reason and interferes with his/her duties by force, and the nature of the crime shall be bad;

Since the crime was committed without being aware of even during the suspension period, the corresponding punishment is required.

The favorable circumstances: The defendant recognized his mistake and is in profoundly against himself.

No injured person shall be punished.

It is a contingent crime.

The defendant's main figures want to leave the defendant's wife against the defendant, and raises young children alone.

The defendant shall be punished by a fine only once in consideration of the following conditions of sentencing, such as the defendant's age, sex, family relationship, property status, etc., and the sentence shall be determined as ordered.

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