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Reasons
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(영문) 수원지방법원 2018.01.31 2017고단7210
업무방해등
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On October 20, 2017, the Defendant: (a) obstructed the victim’s restaurant business by force by having the customers go to the restaurant while drunk while drunkly drinking at the EE main shop of the C Victim D’s D operation on October 20, 2017; and (b) having the customers go to the restaurant, she obstructed the victim’s restaurant business by having the customers go to the restaurant.

2. The Defendant damaged a special property at the same time and place as indicated in the above paragraph 1, and at the same time and place as indicated in the above paragraph 1, the victim and the customers, who are dangerous articles from the restaurant, sent the Defendant out of the restaurant, damaged the unfluent door of the market price by making the convenience door on the restaurant owned by the victim several times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to prepare the amnesty with D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 314 (1), Article 369 (1), and Article 366 of the Criminal Act (Crimes of Damaging Special Property) concerning facts constituting an offense;

1. Selection of selective fine for punishment (average circumstances favorable to the grounds for sentencing);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant has a record of having been punished several times for a similar violent crime, which is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act - All favorable circumstances - the defendant recognizes all the criminal facts. The victim does not have to punish the defendant any longer by agreement with the victim. - Taking into account the form of the crime in question, the time of interference with the business, etc. - The sentencing is ordered as per the disposition, taking into account

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