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(영문) 수원지방법원 성남지원 2014.06.26 2013고단2720
업무방해등
Text

1. The defendant shall be punished by imprisonment for four months and a fine of fifty thousand won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for assault, etc. at the Seoul Central District Court on August 8, 2013, and the said judgment became final and conclusive on January 13, 2014.

1. On September 24, 2013, at around 21:30 on September 24, 2013, the Defendant obstructed the victim’s entertainment tavern business by force, such as “E” operated by the victim D, who drinks an alcoholic beverage amounting to KRW 1.970,00,00, and is demanded by the victim to pay the drinking value from the victim after drinking alcohol in the “E” entertainment tavern operated by the victim D, i.e., the Defendant: (a) leged the victim; (b) her corridors; and (c) her corridors; and (d) her hallways her corridors her corridors for about one hour; and (c) her part of the entertainment taverns.

2. The Defendant violated the Punishment of Minor Offenses Act at the above time, at the above place under the influence of alcohol, arrested the police officers who called out after receiving a report on his fright while under the influence of alcohol as seen above, and went through the Western district in the West-gu Seo-gu, Sungnam-si, Sungnam-si, and then was able to bring about a disturbance, such as taking a heavy bath over about 40 minutes before the said district.

Summary of Evidence

1. Defendant's legal statement;

2. Written statements of D;

3. Statement on the actual state of exploitation;

4. Each investigation report.

5. Each photograph;

6. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the relationship of latter concurrent crimes).

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 313 of the Criminal Act that apply to criminal facts, the choice of punishment, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance of business and the selection of fines at government offices);

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

4. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act include the defendant's records of being punished for the same kind of crime several times. In particular, even though the defendant was a final and conclusive judgment in the judgment, the defendant committed the instant crime, did not agree with the victim, and escaped during the trial, etc. are the factors for sentencing disadvantageous to the defendant.

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