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(영문) 인천지방법원 2020.10.22 2020고단2008
업무방해
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Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 8, 2020, from around 16:30 to 17:22 of the same day, the Defendant, under the influence of alcohol at the “D” restaurant operated by the victim C in Nam-gu Incheon Metropolitan City, and without any justifiable reason, took a bath to other customers, and the Defendant obstructed the victim’s restaurant business by force for about 52 minutes, including, but not limited to, how to sell solitarys, how to sell the excreta, and how to remove the disturbance to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to a criminal investigation report (the additional statement of a victim, on-site ctv verification, and submission of a dispatch police officer bar image);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. On October 18, 2018, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. from the Incheon District Court’s Branch Branch on October 18, 2018, and committed the instant crime even during the period of identical repeated offense, upon termination of the execution of the sentence in the Suwon Detention House on December 19, 2019.

It is not good that a crime is committed.

However, it seems that the defendant is divided into crimes, and the victim also reported in the idea that the defendant did not have access to the restaurant and does not want the punishment of the defendant.

Other conditions of sentencing, such as the age, character and conduct, circumstances of crimes, and circumstances after crimes, shall be determined as per the disposition.

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