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(영문) 서울남부지방법원 2021.02.17 2020고정1920

업무방해등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person subject to attachment of an electronic device, who is currently under protection observation by the Seoul Southern Family Protection Observation Office.

1. Around 15:30 on May 26, 2020, the Defendant obstructed the mobile phone sales service of the victim for about 10 minutes by force, such as having the victim C (V, 52 years old), who was located in the first floor of the Geumcheon-gu Seoul Metropolitan Government building B, take a bath at D’s work site, and “C. Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. Since the Defendant, in violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices (including other matters necessary for preventing recidivism and correcting character and behavior of a person subject to an attachment order), is obligated to comply with the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. (other matters necessary for preventing recidivism and correcting character and behavior of a person subject to an attachment order) at the time and place specified in paragraph (1) (the date and place specified in paragraph (1) of this Article, the Defendant has to refrain from drinking more than 0.05 percent of alcohol during blood while drinking to the extent that it reaches 0.27 percent of alcohol content during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV images verification) on each written statement E and C;

1. Relevant legal provisions of the Criminal Act and Article 314(1) of the Criminal Act (amended by Presidential Decree No. 1), Articles 39(3) and 9-2(1)5 (amended by Presidential Decree No. 2) of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, Etc. (amended by Presidential Decree No. 2) concerning criminal facts;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act shows the attitude of recognizing and opposing the defendant's wrongness. The victim C is recognized as not wanting to punish the defendant (the evidence record No. 26 pages), but is identical or different.