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(영문) 서울서부지방법원 2019.02.19 2018고단4327
업무방해
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

Criminal facts

The Defendant, from around 17:10 on December 8, 2018 to 17:30 on the same day, was under the influence of alcohol from “D” car page operated by the victim C in Mapo-gu Seoul, Seoul, and thereby interfered with the victim’s car page business by force, such as “I would like to go to the male and female. I would like to go to the female. I would like to go to the female.” When the victim demanded to go to the car page, I would like to read “I would go to you???????????????????????????????????????????????????

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statements and investigation reports (to hear statements of victims);

1. 112 Application of Acts and subordinate statutes to a statement of report;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Article 314 (1) of the Criminal Act;

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

1. Provisional payment order: According to the evidence adopted and examined by this court, which judged on the claim of mental and physical disability under Article 334(1) of the Criminal Procedure Act, the defendant is deemed to have been under the influence of alcohol to a certain extent at the time of committing the crime, but in light of the circumstances before and after the crime and the defendant's behavior, it cannot be deemed that the defendant was in the weak state

The reason for sentencing [Incompetence] majority of the criminal records, including the same power, and the crime during the period of repeated crime [fluence] does not focus on the degree of interference with business, and the victim does not want to be punished by seeking a letter from the victim, and the victim does not want to do so, and does not repent his/her mistake and do not repeat again.

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