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(영문) 의정부지방법원 2018.04.26 2018고단526
업무방해
Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On December 29, 2017, the Defendant: (a) around 19:00 on December 29, 2017, the Defendant posted a trial expense to customers who were in the restaurant under the influence of alcohol at the “E” restaurant operated by the victim D.

The Defendant managed a restaurant;

To hear the words F from F, the cafeteriaer is a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of weather, a year, or C.

The victim’s restaurant business operation was obstructed by force by avoiding the disturbance for a period of one-hour, such as taking a bath with the large amount of meal, and allowing customers who have taken meals at the restaurant to leave the restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. A receipt and a certificate of business report;

1. Application of Acts and subordinate statutes governing the scene photographs of the victim;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. In light of various circumstances, such as the circumstance leading up to the crime acknowledged by the evidence duly adopted and investigated by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime, determination of the Defendant’s mental and physical disorder under Article 334(1) of the Criminal Procedure Act, it cannot be deemed that the Defendant had no or weak ability to discern things at the time of the crime.

In light of the fact that the defendant committed the instant crime during the period of repeated crime [the defendant was guilty of committing the instant crime during the period of repeated crime [the period of injury (the period of four months in prison), May 11, 2016, which is referred to in the Suwon District Court’s Ansan Branch Decision 2016 Highest 915 (the period of four months in prison), July 27, 2016].

However, the defendant shows his attitude to see and reflect his mistake.

A injured person does not want the punishment by mutual consent with the defendant.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, method and mode of the crime, circumstances before and after the crime, etc. shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case.

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