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(영문) 대전지방법원 천안지원 2021.03.18 2021고정14

업무방해

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On 18:40 on 20 July 20, 2020, the Defendant: (a) brought the victim C (son, 65 years old) located in Nam-gu, Southern-gu, Nam-gu; (b) brought the 1st of the son; (c) brought the 1st of the son; (d) brought the son, brought the son, brought the son to the inseminator, and brought the son, without any particular reason; and (c) continued to receive a report from the victim, brought the son to the police officer who was dispatched to the police station, and obstructed the operation of the cafeteria for about 30 minutes by force.

Summary of Evidence

1. C’s statement;

1. On-site photographs [the following circumstances recognized by this Court comprehensively based on the evidence duly adopted and examined by this Court, i.e., the victim made a statement at the police that the defendant was in a disturbance as stated in its reasoning (see, e.g., evidence records). The victim's statement is not inconsistent with the victim's statement, and the victim's motive or reason to make a false statement is not found, and the victim cannot find any motive or reason to make a false statement against the defendant. ② The photograph taken at the time of this case can be seen as being faced with the defendant's hand (see, e.g., evidence records No. 17 pages). In light of the following circumstances, the defendant's argument that the victim interfered with the operation of the restaurant of the victim by avoiding disturbance as stated in its reasoning

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 has no record of criminal punishment due to a crime interfering with business affairs, which is favorable to the Defendant.

On the other hand, it is disadvantageous to the defendant that the degree of damage of the victim is not somewhat weak.

The punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, motive means, results of the crime, and circumstances after the crime.