beta
(영문) 부산지방법원 2013.11.12 2013고정4397

업무방해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to a suspended sentence of two years for the obstruction of performance of official duties at the Busan District Court on February 20, 2013, and the said judgment became final and conclusive on February 28, 2013.

On December 6, 2012, from around 22:50 to 23:40 of the same day, the Defendant, while drunk, purchased a tenant in the C convenience store located in the Busan Eastdong-gu, and then fright to drink the tenant, fing the tenant with tobacco, and fing the employee D (year 41) with the desire to “as much as she is about to be punished by a million won,” and obstructed the victim’s convenience store business by force for about 50 minutes, such as: (a) the Defendant fing away from 22:50 on December 6, 2012 to 23:40 on the same day; and (b) the Defendant fing the tenant, fing the cigarette, and fing the cigarette, and d

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. On-site photographs;

1. Previous convictions in judgment: On the basis of a previous conviction, report on results of confirmation, case search, and application of statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;