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(영문) 의정부지방법원 2017.12.20 2017고단709

업무방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has been sentenced to a suspended sentence of ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) on March 29, 2007 and seven times of violence, such as imprisonment with prison labor for a period of ten years.

On November 21, 2016, the Defendant: (a) around 04:20 on the package c operated by the victim D, the Defendant’s sexual intercourse with the Defendant’s sexual intercourse; (b) the Defendant’s sexual intercourse with the victim; and (c) the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the victim; and (d) the Defendant’s “for the same year, the Defendant’s business operation is all illegal; and (e) the Defendant’s report on the maternity does not have any scar.

”라고 소리치고, 떡볶이 그릇을 철판에 쳐서 국물이 피해자의 얼굴에 튀게 하는 등 공소장에는 ‘ 떡볶이 국물을 피해자의 얼굴을 향 홰 집어던지는 등 ’으로 기재되어 있으나, 제출된 증거들을 종합하면 당시 피해자에게 직접 국물을 던지는 등의 행위였다 기보다는 위 범죄사실과 같이 피고인이 먹던 떡볶이 그릇을 떡볶이 철판에 집어던져 국믈이 피해자 얼굴 등에 튀게 된 것으로 보여, 위와 같이 직권 정정한다.

Along to about 30 minutes, the victim could not run the packing car business by avoiding disturbance.

Accordingly, the defendant interfered with the victim's packing horse operation by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Written statements of D and E;

1. A report on investigation;

1. A-332 analysis by the Government for on-site crime prevention (38 pages, 43 pages, 43 pages);

1. Previous convictions: References to inquiries, such as criminal history, and application of the text of the judgment;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment as not only to have violent nature but also to have inflicted damage on many persons who were in actual service.