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(영문) 인천지방법원 2018.11.16 2018고정2291
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 23, 2018, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for special intimidation, etc. at the Incheon District Court on April 23, 2018 and the judgment became final and conclusive on October 31, 2018.

On August 9, 2018, the Defendant: (a) around 07:40 on August 9, 2018, at a D restaurant operated by the victim C (n, 77 years of age) in Michuhol-gu Incheon Metropolitan City, the Defendant: (b) was aware of the complaint that the victim accumulated on the side of the restaurant; and (c) was aware of the complaint that the victim accumulated on the side of the restaurant, and (d) “I dump, I dump, I dump, I dump I dump I dump I dump I dump I dump I dum

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The CCTV closure screen;

1. A report on internal investigation, investigation report (in the counter-party telephone), investigation report (in the case of checking CCTV installed outside);

1. Previous convictions in judgment: To search for a net case and apply the text of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is aged, and the crime of this case is to be determined by taking account of equity with the case where the judgment was rendered at the same time with a special intimidation, etc. However, while the defendant committed the crime of this case during the trial of the case, such as the above special intimidation, he was found in the victim's store, and again committed the crime of this case, and the victim complained of considerable mental suffering.

The defendant did not reach an agreement with the victim.

In addition, the sentencing conditions shown in the records, such as the defendant's occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as ordered by the sentence.

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