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(영문) 서울남부지방법원 2018.04.18 2017고단6129
업무방해
Text

Defendant shall be punished by a fine of four million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On November 19, 2017, around 00:30, the Defendant interfered with the victim’s restaurant business for about 30 minutes by force, such as her hack, hack hack, and hack hack hack hack h h k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Investigation report (related to video images recorded by the victim):

1. Application of Acts and subordinate statutes on a food price receipt;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning the crime;

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 of the Criminal Procedure Act, the Defendant did not know even though he was in the period of repeated crime, and committed the instant crime, and even if he had been sentenced to a punishment for the same kind of crime, recidivism was committed.

There was no particular recovery of damage.

Considering the above unfavorable circumstances, it is necessary to impose strict punishment against the defendant. However, the behavior of interference with the business of this case is not significant, and the defendant was faithfully committed without any specific criminal act except for the crime of this case after the execution of punishment on February 5, 2017. In addition, considering all the circumstances that led to the defendant's crime of this case, such as the circumstances leading to the crime of this case, degree of damage, circumstances after the crime, the age of the defendant, sexual behavior, environment, etc., and the sentencing conditions specified in the records and arguments, the punishment of this case shall be determined as ordered.

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