beta
(영문) 창원지방법원 거창지원 2018.01.24 2017고단357

업무방해등

Text

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

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

Reasons

Punishment of the crime

피고인은 2017. 11. 17. 14:20 경 경남 합천군 B, 55호에 있는, 피해자 C( 여, 69세) 가 운영하는 ‘D 식당 ’에서, 피고인의 지인이 피해자의 식당 유리를 파손한 것으로 인해 벌금을 부과 받았다는 이유로 화가 나, 술에 취한 상태로 피해자에게 “ 야 씨발 년 아, 합 천바닥에서 장사를 못하게 하겠다, 니는 언제 쥑이 도 쥑이 삔다.

“In doing so, as they threaten the victim’s hand as they threaten, they interfere with the victim’s restaurant business by force by avoiding disturbance for about 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes on investigation reporting;

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 sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is recognized by the defendant and reflects his mistake, the injured party does not want the punishment of the defendant in agreement with the injured party, and all other circumstances, including the defendant's age, sex, occupation and environment, and the background of the crime in this case, and the conditions of sentencing as shown in the arguments, shall be sentenced to the same sentence as the disposition.