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(영문) 서울동부지방법원 2019.07.04 2019고단1196
업무방해등
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 March 19, 2019, at around 21:30 on March 21, 2019, the Defendant met the column, such as “D” page operated by the victim C in Songpa-gu Seoul, such as prompt drinking and sounding of the beverages ordered to the victim E, who is an employee of the said carpet, and cutting off the straw water in front of the calculating unit, then cutting off the irregular liner with the market price unsound, and cutting off it, and taking about 10 minutes of time with the victim E and taking a bath for 10 minutes.

Accordingly, the defendant interfered with the carpet business of the victim E by force, and has harmed the property owned by the victim C and has harmed its utility.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Divided photographs of damaged liners;

1. Application of Acts and subordinate statutes to a investigation report (report on CCTV viewing in this case D);

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

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant has the history of having been punished for the crime of interference with business, there are many records of having been punished by violence, etc., and the circumstances favorable to the fact that the crime of this case was committed during the suspension of the execution period due to a special injury: The defendant's error is divided and reflected, the victims and the victim have agreed smoothly, the degree of damage is not significant, and the sentencing conditions specified in the arguments, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., shall

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