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(영문) 서울중앙지방법원 2016.12.01 2016고단7812
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 27, 2016, the Defendant: (a) around 19:40 on September 27, 2016, at the “E” restaurant operated by the victim D in Jongno-gu Seoul Metropolitan Government, the Defendant avoided the victim’s business restaurant by force by avoiding a disturbance for about 15 minutes, such as smoking tobacco, entering the restaurant, leaving the restaurant, leaving the restaurant, leaving the restaurant, and receiving a request from the victim to stop tobacco, and going out of the restaurant; (b) “this restaurant will go back by using the restaurant path.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334(1) of the Criminal Procedure Act provides that there are many previous convictions for sentencing under Article 334(1) of the Provisional Payment Order, and there is a history of fine imposed for the same kind of crime in 2015, which is unfavorable circumstances, confessions and reflects in depth, contingent crimes under the influence of alcohol and the extent of damage is relatively minor, the victim was found on the day of the crime, and the victim was found to have never want the punishment of the defendant from the beginning, the victim was suffering from the climatic disorder, the climatic disorder is suffering from the climatic disorder, and other circumstances such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the trial process of this case shall be determined as ordered by the Disposition.

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