(영문) 인천지방법원 2017.11.09 2017고단6463

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(영문) 인천지방법원 2017.11.09 2017고단6463

업무방해등

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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around August 30, 2017, the Defendant obstructed the victim’s restaurant business by force of approximately 20 minutes, including: (a) the victim C (the 58-year-old-old-old-gu-old-gu)’s booming and having a dispute with his or her booming in “D cafeteria” operated by the victim C (the 58-year-old-old-gu-old-gu-gu-old-gu-gu-gu-gu) and talking that “I will not engage in widthing funeral,” and the victim expressed his or her desire to do so.

2. The Defendant damaged the property by spreading one of the chemical values equivalent to KRW 70,00,00 in the market value owned by the victim in front of the above restaurant at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although the crime of this case was committed during the suspended execution period due to the crime of injury on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, considering the fact that the defendant committed the crime of this case even during the suspended execution period due to the crime of injury on the grounds of sentencing, there are several criminal records such as damage of property, etc., and the victim did not reach an agreement with the victim, the fact that the defendant committed each of the crimes of this case, which is not good, is divided into one's wrong facts while the defendant committed each of the crimes of this case, and that the amount of damage is relatively minor, etc. are considered as favorable circumstances for the defendant. It is so decided as per Disposition by taking into account all sentencing factors shown in the argument of this case, such as the defendant'

is the same.

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