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(영문) 의정부지방법원 2019.01.24 2018고정1743

업무방해

Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 300,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant B’s convenience points around 17:00 on September 3, 2018, operated by Defendant C apartment at the Namyang-si, Namyang-si, for the reason that the Defendant did not comply with the “contest interview with a convenience store occupation” which is a child’s lodging system, are mutually starting with Defendant A (n, 33 years of age).

The part of the victim's shoulder was tightly sealed once by the two descendants, thereby causing injuries to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. Defendant A’s above date, time, and place at the above time, and for the foregoing reasons, the foregoing time and place of business with the above convenience store B, as mentioned above;

At around 17:30 on the same day, the above convenience point was found for the purpose of receiving death from the above B, and thereafter, the victim E, who was the husband of the above B, had obstructed the business of the above convenience point for about 10 minutes, such as making a claim that the victim would go to the convenience store without complying with the demand of the victim to go to the convenience store even though the victim did not respond to the demand of the convenience store. At around 18:00 on the same day, at around 18:00 on the same day, the defendant's husband and the above convenience store were demanded to get death, and the victim E's convenience store business was obstructed, such as avoiding disturbance.

Summary of Evidence

1. Defendants’ legal statement

1. F’s written statement, written statement prepared by police officer with respect to E, written diagnosis, and each investigation report (CCTV image and tape recording analysis, and hearing report on suspect’s counterpart telephone statement);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 314(1) of the Criminal Act; Selection of fines

B. Defendant B: Article 257(1) of the Criminal Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: (a) examining the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) recognizing the criminal facts of the instant case by the Defendants, and against their mistakes; (c) the Defendants appears to have reached an agreement with each other; and (d) the Defendants did not have any history of criminal punishment.