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(영문) 수원지방법원 2018.02.08 2017고단8126
업무방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 25, 2017, from around 00:00 to around 00:45 of the same day, the Defendant: (a) caused a disturbance to the other party of the beer, and (b) obstructed the victim’s main business by force by forcing the other party to leave the beer, and preventing the entry of the customers from entering the beer’s main business by forcing them to interfere with the victim’s main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each statement of H, I, and J;

1. Application of statutes on site photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 was that the Defendant was punished by a fine in 2007, 2014, and 2017 due to violent-related crimes. Although the Defendant was subjected to the suspension of indictment in 2009, he again committed the instant crime. While the Defendant had sufficient opportunity to become aware of violent relation in the event of the withdrawal of alcohol due to such force, he again committed the instant crime. The Defendant again committed the instant crime even though he had been given the opportunity to become aware of the south of the violent relation. The Defendant seems to have satisfed significant fear of fear by the surrounding persons due to the lack of the time and degree of interference with the instant business, such as over 30 minutes of glass and sound.

However, the defendant has recovered from damage and agreed to recover damage to the victim, and the damaged person wants to take the defendant's wife.

The Defendant recognized and reflected the instant crime.

The defendant has no record of punishment except for the above fine after 1998.

In addition, the arguments and records of this case, such as the defendant's age, sex, motive and background of the crime, means and consequence, circumstances after the crime, and records.

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