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(영문) 광주지방법원 2016.08.08 2016고단2125
업무방해
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 10, 2016, from around 13:10 to 13:45, the Defendant leaves the “D” restaurant operated by the victim C (V, 56 years of age) located in Gwangju Mine-gu, and other customers are slick.

“Abreed to customers” as stated in paragraph (1).

“Along with high noise,” it was difficult to avoid disturbance, such as the concentration of food on the table and the concentration of food on the table.

As a result, the defendant interfered with the victim's restaurant business by forcing customers to leave the place by way of avoiding disturbance for about 35 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

Defendant is led to confession, and is against himself.

A victim C does not want the punishment of a defendant by mutual consent with the defendant.

A defendant shall not have any history of criminal punishment due to a crime of interference with business.

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