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(영문) 수원지방법원 안산지원 2015.04.02 2015고정269
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 22, 2014, from around 19:50 to 19:59 on the same day, the Defendant obstructed the victim’s restaurant business by force by driving force, such as preventing the drinking customers, who had food in the restaurant, from drinking in the restaurant, by finding in the “D” restaurant operated by the victim C, an alcoholic beverage in the cooling house, but the victim, who did not drink, putting the disease in the cooling house, was released on the inner floor, and breaking it.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes on photographic records;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. In full view of all the factors of sentencing indicated in the instant case, including the fact that the Defendant is led to and against the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the circumstance of the instant crime, the degree of interference with the business of the victim due to the instant crime, the criminal records of the Defendant, the Defendant’s health and environment, and the circumstances after the instant crime, etc., the above punishment shall be determined.

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