logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.10.11 2019고정1713
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 17, 2019, the Defendant was sentenced to ten months of imprisonment with labor at the Incheon District Court for the crime of interference with business, and the judgment was finalized on July 25, 2019.

On January 19, 2019, at around 20:15, the Defendant interfered with the victim’s restaurant business by force for about 155 minutes due to the following reasons: (a) around 20:15, the Defendant, while under the influence of alcohol at the D cafeteria operated by the Victim C (A, who is aged 54) in Bupyeong-gu Incheon Metropolitan City, pushed the Defendant’s face on the face of the customers on other table and play the Defendant, without paying the amount of food; and (b) the Defendant, “Isman”, “Isman,” who takes the victim’s hand, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The report on internal investigation (No. 6 No.);

1. Previous convictions in judgment: Supreme Court inquiry and application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. In light of the following: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act; and (b) the specific form of the instant crime, Defendant’s liability

It does not seem that damage is recovered or agreed with the victim.

Defendant has already been punished by imprisonment with prison labor for the same kind of crime.

On the other hand, the defendant shows his attitude to recognize and reflect the crime of this case.

The crime of this case shall be concurrent with the crime of interference with business as decided by the judgment and the crime of this case in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act.

In addition, in full view of the following conditions, such as the defendant's age and behavior environment, relation to the victim, motive means of crime, results of crime, circumstances after crime, etc., the sentence shall be determined as per Disposition.

arrow