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(영문) 서울동부지방법원 2013.05.16 2013고단675
업무방해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

On March 21, 2013, at around 22:00, the Defendant expressed to four female customers with no knowledge of the name seated by the next table table in the “Eju shop” operated by the victim D in Songpa-gu Seoul, Songpa-gu, Seoul, that “I would like to give a male introduction to the female customers who would be able to shotly string and chewingly,” and continued to read “I would sat down, and sat down at the time.” The Defendant expressed the victim’s desire to read “I would sat down, I would sat down,” and let the customer leave the place for about 40 minutes.

Accordingly, the Defendant interfered with the victim's bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Articles 70 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 of the provisional payment order is four years of imprisonment with prison labor for rape injury, and the Defendant committed the instant crime during the repeated crime period after having been released from the prison on July 16, 2012; the Defendant was punished by a fine for an injury that has already been committed during the repeated crime period; and even if having been punished by a fine for an injury that has already been committed during the repeated crime, there is no room to defend himself/herself even if he/she was punished by severe punishment, in light of the fact

The punishment shall be determined as ordered in consideration of all the circumstances, such as the defendant's age, environment, motive and background of the crime, and circumstances after the crime, etc.

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