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(영문) 대구지방법원 2016.10.21 2016고정1840

업무방해등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. The Defendant, who did not comply with the request to leave the victim on July 12, 2016, by failing to comply with the request to leave the victim five times within the “E” coffee specialty store operated by the victim D (year 36) located in Daegu-gu, Daegu-gu, Seoul-gu, on July 12, 2016, without justifiable grounds.

The Gu refused to comply with the Gu.

2. The Defendant who interfered with business is required to leave the victim at the above time and place.

It interfered with the business of the victim's operation of coffee specialty by force, such as non-compliance with the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant Article 319 (2) and (1) of the Criminal Act, Articles 319 (1) and 314 (1) of the Criminal Act, the choice of fines for the crime;

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

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Rejection of prosecution pursuant to Article 59(1) of the Criminal Act (the confession and reflectiveness of the defendant, the defendant has no power to punish the defendant, the victim does not want the victim's punishment by agreement with the defendant, the circumstances leading to the crime of this case, the age of the defendant, character and conduct, environment, etc.) of the suspended sentence

1. On July 12, 2016, the Defendant, within the “E” coffee specialty store operated by the victim D (a person aged 36) located in Nam-gu, Daegu-gu, Daegu-gu, the Defendant assaulted the victim by making two times the victim’s left-hand knick part of the coffee specialty store on the ground that the victim requested the transfer of the victim’s outdoor engine to another place, even though the victim did not comply with the request.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

C. On October 5, 2016, the defendant submitted a written agreement under the name of the victim D.