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(영문) 부산지방법원 서부지원 2018.05.16 2018고단663

업무방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 8, 2017, the Defendant, at the convenience store operated by the victim D in Gangseo-gu Busan Metropolitan City around December 19:35, 2017, expressed a large voice to the customers who wish to sell goods under the influence of alcohol.

The phrase, “ging off snow,” “hing off,” “hing off,” “hing to F who is an employee of the place,” “hing to her president and her native telephone,” and “hing to her to friend,” etc., thereby obstructing the victim’s convenience store business by force between approximately 20 minutes and obstructing the victim’s convenience store business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal accidents;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include not only several times the criminal records of having been punished for violent crimes, but also the disadvantageous circumstances such as the fact that the defendant committed the instant crime even though he/she was under suspension of execution due to the same kind of crime, and the defendant's perception of the instant crime, and the fact that the degree of interference with the instant business cannot be said to be significant, and the victim is not wanting to be punished, together with other favorable circumstances such as the fact that the degree of interference with the instant business cannot be said to be significant, and the victim's refusal to want to be punished, and the punishment as ordered by the order shall be determined by taking into account all the conditions for the instant