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(영문) 대구지방법원 김천지원 2016.06.24 2016고정134

업무방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 4, 2015, at C convenience stores located between 03:00 and 04:00, the Defendant paid money in excess of the price of the goods when purchasing parcels of liquor, tobacco, etc. from the victim D (22:3) who is an employee of the said convenience store at the convenience store located in Gumi-si B, Gumi-si. However, by the victim’s understanding, the said goods are left as they are.

The defendant, on the same day, sought again at the above convenience store around 06:41

주를 구매하면서 대금을 지급하지 않고 그대로 가려고 하여 피해 자로부터 제지 당하자 “ 아까도 가지고 갔잖아 ”라고 말하며 그대로 나가려고 하였고, 피해자가 “ 그러면 신고 합니다

As "I ambly, I am son's disease, which is a dangerous object to the victim, and assaulted to the chest part of the victim.

2. The Defendant interfered with his duties on the grounds that he reported the instant case to the police at the time and at the place specified in paragraph 1, on the ground that he reported the case to the police;

The police, "Iele," had the diesel, etc. displayed in front of the calculating team, which had been displayed above the victim, and interfered with the victim's convenience store business by force for about five minutes by spreading the tobacco promotion panel and the horse to the calculation unit, and letting other customers go out of the room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each Act and subordinate statute attached to the investigation report (Attachment to CDAs and CCTV photographs);

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 261 and 260(1) (the point of special violence) of the Criminal Act, and the selection of fines, respectively, for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In the course of purchasing the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act, the victim’s disease is not an issue, but rather the victim’s disease is raised beyond the limit of the value.