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(영문) 인천지방법원 2018.07.19 2018고단2894
업무방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

"2018 Highest 2894"

1. On April 3, 2018, at around 19:40 on April 3, 2018, the Defendant: (a) expressed the victim’s disturbance in the “D” restaurant run in Nam-gu Incheon Metropolitan City (hereinafter “D”); (b) expressed the victim’s voice to “Chewing and Chewing”; and (c) expressed the other customers in the restaurant with the large interest of “Chewing and Chewing children”; and (d) obstructed the victim’s restaurant business by force over about 20 minutes.

"2018 High 145"

2. From June 29, 2017 to 21:30, the Defendant: (a) 21:10 on June 29, 2017, the victim, who was dispatched at the street in front of the Incheon Southern-gu E market and was urged by Gman affiliated with the F District to leave the house on the road by a police officer of the F District to leave the house; (b) was fluencing the victim of the victim; and (c) was sexually insulting by taking the victim’s desire for about 20 minutes, such as “flusing a large amount of voice at a place where people’s passage is frequent,” and “flusing a brut.

Summary of Evidence

Facts [2018 Highest 2894]

1. Statement by the defendant in court;

1. C’s statement;

1. Field photographs, etc.;

1. Two facts as stated in each investigation report [2018 High Court Decision 145]

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. 112 Statement of Report and written complaint;

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

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had a record of having been punished several times for the same crime, and in particular, the Defendant committed the instant crime again within the repeated crime period due to interference with business affairs, etc., it is necessary to punish the corresponding strict punishment.

However, the fact that the victim C and the defendant have reached a unanimous agreement, and the defendant has a depth of his mistake.

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