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(영문) 인천지방법원 2016.08.11 2016고단3636
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On March 14, 2016, at the “E” restaurant managed by the victim D (34 aged) of the victim D (34) in Seo-gu Incheon, Seo-gu, Incheon on March 14, 2016, the Defendant who interfered with his/her duties has broken the breath’s disease on the floor, and the victim has the breath’s fighting.

B. “FDa” was expressed as “the victim’s restaurant business by force between about 10 minutes, such as throwing the instant cups and jum pots on the floor.”

2. The Defendant damaged the property by placing 5,00 won, which is owned by the operator of the above restaurant, on the floor at the time and at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

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

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

1. In light of the circumstances that there are multiple violent crimes with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the crime in this case was committed without any reflection despite the suspension of execution, the defendant appears to have committed the crime, and the fact that the injured party upon agreement with the injured party seems not to have been punished for the defendant, etc., considering favorable circumstances, and other factors prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as indicated in the records and arguments of this case, shall be considered as favorable circumstances, and the punishment shall be determined as per the order.

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