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(영문) 서울북부지방법원 2016.11.02 2016고단3178
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

[Criminal Power] On July 23, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for assault, etc. at the Seoul Northern District Court, and completed the execution of the sentence on November 20, 2015 at Seongdong-gu District Court.

【Criminal Facts】

On July 1, 2016, at around 14:50 on July 1, 2016, the Defendant interfered with the victim’s restaurant business by force by avoiding the disturbance between about 10 minutes of the disturbance, including: (a) the Defendant, at the restaurant operated by the victim C (V, who is 78 years of age) under the ground of the building of the Seoul Special Metropolitan City, and (b) the customer D, who was inside the inside of the usual gate, and (c) drinking together with drinking together; and (d) the Defendant, without any reason, thrown away the odor on the table, and takes a bath by a large sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Before ruling: Application of criminal history records, inquiry reports, and criminal investigation reports Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. The more favorable circumstance is that there is an agreement with the victim on the sentence of sentence, support for the minor's children, and treatment is given to the support for alcoholic respect.

On the other hand, the fact that a repeated crime due to the same crime was committed during the period of repeated crime, and that the record of the fine imposed due to the same crime is more than 20 times is disadvantageous.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.

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