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(영문) 서울남부지방법원 2017.10.11 2017고단2491

업무방해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a door-to-door vocational training program B.

On March 30, 2017, from around 20:20 to 20:40 on the same day, the Defendant: (a) was in front of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and (b) was informed of the date of the accident caused by urban bus No. 650 of the victim D (60) Round while running a home-based service; (c) on the ground that the victim was not dead, the Defendant obstructed the bus business of the victimized person by force because the victim was set up in front of the bus on the ground that he was not dead.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A copy of a track image;

1. Application of Acts and subordinate statutes on police statements made to D;

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 punishment shall be imposed in consideration of the reason for the crime, the degree of damage, the records of the crime (two times before the previous convictions), the prosecutor’s former punishment (the amount of KRW 500,00), and other factors of sentencing in the criminal procedure of the provisional payment order.