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(영문) 대구지방법원 2018.04.06 2018고정57

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 18, 2017, the Defendant interfered with his duties: (a) on the platform at the inner depth of the station of the Daegu subway located in Daegu mid-gu, Daegu-gu, 2100, which was operated by the Plaintiff for the construction of the Daegu Urban Railroad; (b) on the top of the station of the subway located in the Daegu Urban Railroad; (c) on the top of the station of the subway located in the Daegu Urban Railroad; (d) on the front end of the fire-fighting; (d) on the front end of the fire-fighting; and (d) on the top of the fire-fighting platform, the Defendant laid down the fire-fighting platform to the front end of the fire,

Accordingly, the defendant interfered with the victim's history management of subway stations by force.

2. The Defendant damaged property by impairing the utility of one fire extinguisher equivalent to 21,120 won at the market price as stated in paragraph 1, which is the victim as stated in paragraph 1, by means of extinguishing all the fire extinguishings filled in the fire extinguisher, at the time and place described in paragraph 1, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. On-site and photographs of damaged articles;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching a quotation of fire fighting);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.