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(영문) 인천지방법원 2018.02.01 2017고단7459
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 19, 2017, at around 15:00 on September 19, 2017, the Defendant: (a) the Defendant: (b) the victim E operating the said Kafe under the influence of alcohol in D Kafs within the c church; (c) the Defendant: “Nek

Abandon bitch bitch bitch bitch bitch bitch.

The brins, etc. spit on the floor, which interfered with the victim's carpet business by force by avoiding disturbance for about one hour, such as spits, etc.

2. The Defendant, in the foregoing time and place, received demands from the injured party to interfere with the injured party’s business on several occasions.

However, the defendant did not respond to it, and the police officer dispatched by the victim's report on the same day at around 15:55 on the same day until he/she arrives, and he/she sited on the floor of the above car page and refused to leave the victim's request without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(2) and Article 319(1) of the Criminal Act, Article 319(2) of the Criminal Act, and Article 319(1) of the Criminal Act, and the selection of fines for the crime (the following conditions favorable to the reasons for sentencing);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of the above two crimes, which are determined by a obstruction of heavier business);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria shall not apply as the person selects a fine for sentencing; and

The crime of this case committed by the defendant of KRW 3 million by entering a car page operated by the injured party, and the police called the car page and interfered with the injured party's business and failed to comply with the request for withdrawal, even though the police was dispatched, and the crime of this case is not good.

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