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(영문) 광주지방법원 2020.05.21 2019고단4134
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 23:00 on September 14, 2019, the Defendant: (a) while drinking alcohol at the “D’s main points of the Victim C’s Operation in Sungsung-gun; (b) considered that the victim did not play the singing applied by the Defendant; and (c) obstructed the victim’s main business by force by avoiding disturbance for about six minutes by cutting the beer’s 2 disease on the floor.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to capture CCTV images of a DNA store;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine; and

2. The sentence of this case, even though the defendant is serving a repeated offense, is obstructing the main business of the victim, and the nature of the crime is not weak. However, the defendant's recognition of the crime of this case, the degree of interference with business is minor, the victim's smooth agreement was reached with the victim, and the victim does not want the punishment of this case, and all the sentencing factors indicated in the records and arguments of this case, including character and behavior, environment, motive for the crime of this case, circumstances before and after the crime, etc., shall be determined as ordered by the order, comprehensively taking into account the following factors:

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