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(영문) 인천지방법원 2018.07.26 2018고단1640
업무방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On February 24, 2018, around 02:30 on February 24, 2018, the Defendant, at the “D convenience store” located in the Nam-gu Incheon Metropolitan City, expressed a 50-minute bath without any particular reason to the victims E and the imprising customers, who were working there, and led them to escape from the disturbance, thereby allowing them to out of the facility or allowing them to enter the above convenience store, thereby hindering the victim’s convenience store business by force.

2. The Defendant, from around 00:25 on March 4, 2018 to about 50 minutes from around 00:0 to around 50 minutes, has a dispute with other customers resisting to the Defendant who smoke in a breath under the influence of alcohol in the “H restaurant” operated by the victim G in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and thus, the police officer who received a report and dispatched after receiving a report 112 and received the report to 112, is

ni) Doz.;

It is not any one, but all sled down.

Recognizing that it is "," and allowing other customers in the place of business to leave the disturbance, thereby obstructing the affected person's house business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Application of CCTV CD-1 statute;

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

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. The criminal procedure of the provisional payment order has several criminal records of the same kind and criminal records of the sentencing of Article 334(1) of the Criminal Procedure Act, and is a crime during the same repeated crime period.

However, the defendant G does not want to be punished against the defendant, the defendant's reflects the fact that the defendant, and other factors such as character, behavior and growth environment of the defendant will be given more opportunities to be punished by a fine.

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