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(영문) 인천지방법원 2017.07.14 2017고단3368
업무방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 7, 2017, the Defendant took care of the victim D in Bupyeong-gu Incheon Metropolitan City at the “E” restaurant operated by the victim D on February 7, 2017, without any justifiable reason, and was placed on the table.

For about 30 minutes, such as throwing pots on the floor, the pots were fluored so that customers can leave the place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. CCTV closure photographs and field photographs;

1. The application of Acts and subordinate statutes to the investigation report (hereinafter referred to as the “investigation Report”);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment of fines shall be imposed by taking into account the following: (a) the victim and the victim did not wish to the punishment of the defendant; (b) the defendant recognized the crime; and (c) the defendant does not repeat the crime; and (d) the defendant does not commit a crime (it is hospitalized at a hospital to treat alcohol addiction, which is the main reason for the crime). In addition, the defendant's age, sex, family environment, circumstances leading to the crime, motive, and circumstances after the crime, etc. shall be comprehensively considered (it shall be considered that the crime of this case was committed during the period of repeated crime, despite multiple kinds of records, by taking into account all the circumstances revealed in the instant case, such as the defendant's age, sex, family environment, circumstances leading to the crime, and circumstances after the crime (it shall be considered that the victim committed the crime during the period of repeated crime even if there are multiple identical military records).

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