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(영문) 창원지방법원 진주지원 2016.10.11 2016고단689
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

Punishment of the crime

On July 2, 2016, at around 17:40, the Defendant, while drinking alcohol at the restaurant operated by the victim D (Inn, 55 years of age) in Jinju-si, and having a dispute with a large interest, the Defendant interfered with the victim’s main business by force by avoiding disturbance for about 30 minutes, such as a defect that the next tebrbr customer sphere sphere sphere sphere sphere sphere sphere sphere sphere, and sphere sphere sphere sphere sphere spher

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on field photographs;

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime;

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

1. Although the Defendant committed a repeated crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, on May 7, 2015, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc., in the Jinwon District Court’s Jinju Branch Branch on May 7, 2015, and completed the execution of the sentence in the Busan Correctional Institution on February 21, 2016;

In light of various circumstances, including the Defendant’s age, character and behavior, environment, family relationship, motive, motive for crime, means and consequence of crime, circumstances after the crime, relationship with the victim, etc., the sentence of imprisonment is somewhat excessive, and thus, is subject to a fine as set forth in the records, considering the fact that the victim has not been punished against the Defendant, and that the Defendant is expected to continue to receive alcohol addiction counseling at the Support Center for the Integration of the Promotionary Addiction Control, the Defendant’s age, character and behavior, environment, family relationship, motive of crime, means and consequence of crime, etc.

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