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(영문) 서울중앙지방법원 2017.11.10 2017고단6406
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 18:30 on August 21, 2017, the Defendant entered the “D” restaurant operated by the Victim C (Inn, 54 years of age) in Jongno-gu Seoul Metropolitan Government, and was waiting for the said C’s child E who was able to serve as a restaurant with alcohol and alcohol, without any justifiable reason.

Does such a large number of alcoholic beverages

“Is you want to do so”, “Is you want to do so”

“Chewing” and “Chewing”, they met a disturbance for about one hour from around 19:35 to around 19:35 of the same day due to the following: (a) walking a trial cost and pushinging the above E while sounding it; and (b) sound was committed.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C/E’s statement protocol (it is acknowledged that the Defendant was drunk at the time, but was in a mental and physical loss or mental weak condition due to this;

The application of the statute does not appear).

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 was subject to multiple penalties for a crime similar to the instant case, and even during the period of repeated crime, the crime of this case is not good for committing the instant crime, but is not likely to lead to committing the instant crime. However, it is recognized that the Defendant’s mistake is recognized and reflected, and thus, he/she will not repeat the instant crime again.

A punishment as ordered shall be determined by taking into account the following factors: (a) the fact that the victim was actually dead and agreed upon, the degree of damage seems not to be relatively large; and (b) the Defendant’s age, sex, motive and background of the crime, means and consequence of the crime, circumstances after the crime, record of the crime, etc., and all of the sentencing conditions indicated in the arguments and records of the crime.

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