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(영문) 대전지방법원 2013.07.12 2013고정764

업무방해등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Under the influence of alcohol, the Defendant: (a) had weak ability to discern things or make decisions; (b) destroyed the e-mail operated by the victim D in Daejeon-gu Daejeon-gu, Daejeon-gu, from around 10:48 to around 11:05 on November 11, 2012; and (c) destroyed the victim’s e-mail, which was operated by the victim D, on the ground that the victim would not drink alcohol; and (d) destroyed the victim’s e-mail and the victim’s e-mail, on the ground that the victim was on the floor, and destroyed the victim’s market price of 31,100 won.

2. While under the influence of alcohol, the Defendant obstructed the victim’s marina business by force over about 20 minutes by causing disturbance, such as destroying things owned by the victim, at the same time, at the same place as above, in a state where the Defendant lacks the ability to discern things or make decisions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of CCTV images in the Empt);

1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of causing damage to property and the choice of fines) to commit a crime;

1. Articles 10 (2) and 55 (1) 6 of the Criminal Act for statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;