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(영문) 인천지방법원 부천지원 2018.01.11 2017고단2266
업무방해
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On August 16, 2017, at the “E” restaurant operated by the injured party in Bupyeong-si D around 23:35 on August 16, 2017, the Defendants prevented other customers from properly eating meals (drinking alcohol) by avoiding disturbance, such as breathing the drunk sound, and breathing the other customers, as they would be while taking a bath.

As a result, the Defendants conspired to interfere with the victim's restaurant operation by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A written statement;

1. Application of Acts and subordinate statutes to report internal investigation and investigation report (on-site conditions, etc. and mobile phone image analysis);

1. Article 314 (1) and Article 310 of the Criminal Act and the choice of punishment for the crime, Articles 314 (1) and 30 of the Criminal Act, and the choice of fines;

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

1. In light of the fact that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act have been subject to punishment several times by serving the same kind of crime, and the Defendants committed the instant crime during the same repeated crime period, and even after the release, the Defendants were punished by a fine for the same kind of crime, etc., there is a serious concern about compliance consciousness and need for strict punishment against the Defendants.

However, in full view of all the circumstances, including the fact that the Defendants recognized their mistakes in this court and reflected in depth, that the damaged business owner did not want the punishment of the Defendants, that did not want to be punished by the Defendants, that did not go through a business obstruction time and did not proceed to other property damage or violent crimes, and that they did not seem to be a planned crime, a fine shall be imposed only once.

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