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(영문) 수원지방법원 여주지원 2019.10.29 2019고단539
업무방해
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From June 17:00 to 20:30 on June 3, 2019, the Defendant, in the “D” restaurant operated by the Victim C (Inn, 20:0 to 20:30, the Defendant, on his own, drinked the alcohol, and obstructed the victim’s restaurant business by force for approximately 3 hours to 30 minutes and 30 minutes by drinking the alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. C’s statement;

1. Application of court rulings (Seoul Northern District Court 2018 Height2616) (Seoul Northern District Court)-related Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is a crime during the suspended execution period of sentencing, and the attitude of interference with business shall be considered disadvantageous circumstances.

However, consideration shall be given to the favorable circumstances, such as the fact that the city is dead and reflect, and agreed with the victim.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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