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(영문) 창원지방법원 통영지원 2015.02.17 2014고정400

업무방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

At around 07:00 on January 21, 2014, the Defendants conspired to find the victim E in Fpention operated by the victim E at the time of 07:00, and the Defendants would receive and operate the above pention, and the Defendants could not enter the victim and the customers by replacing the five keys of the above pention by replacing the five keys of the guest room of the above pention.

As a result, the Defendants conspired with and by force interfered with the victim's pension business.

Summary of Evidence

1. Application of the relevant Acts and subordinate statutes to witness E and G;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendants do not recognize their mistakes, as a common factor for sentencing unfavorable to the defendants.

However, Defendant B takes into account the initial crime as favorable factors for sentencing in favor of Defendant B, and determines the same type of punishment as the order by comprehensively taking into account all the factors for sentencing, including the motive of the Defendants’ crime and the fact that the Defendants are married.