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(영문) 대구지방법원 2017.08.30 2017고단3010
업무방해등
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

1. On the ground that food was not promptly supplied at a D restaurant operated by the injured party C (45 years old) in the Gyeongbuk-gun B around 22:53 on March 13, 2017, the Defendant interfered with his/her duties: (a) why he/she was a customer; (b)

As soon as possible, it interfered with the business of the victim's restaurant by force, such as intending to cut off the glass cup and to damage it by breaking the 30 minutes of the disturbance, and thereby obstructing the victim's restaurant business.

2. The Defendant damaged the property amount of KRW 200,000,000 for repairing costs, such as 20,000,000,000 won, which is the victim’s possession of the above victim who was placed in the above temporary place without any particular reason, e.g., under the influence of alcohol, by cutting off the wind door of the E 125C Batoba, and displaying a board.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 366 of the Criminal Act, and the selection of fines for the crime;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to two years of imprisonment on April 30, 2015 for the crime of injury, etc., and the execution of the sentence is terminated on December 10, 2016, and again commits the instant crime during the period of repeated crime; the Defendant had the same kind of violent crimes; the Defendant had many criminal offenses; and the Defendant appears to have considerable violence in light of the form of the instant crime.

However, the fact that the injured party does not want the punishment of the defendant in agreement with the injured party, and that the defendant is against the depth is favorable.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the relationship between the defendant and the victim, the age of the defendant and the sexual conduct, shall be determined as the sentence.

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