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(영문) 대구지방법원 2018.10.04 2018고정388

업무방해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant has no fixed occupation.

On December 11, 2017, the Defendant, C, and D reported Fel 601 located in Sinsan-si E to the victim G, a furgian business owner.

위 신고를 받고 현장에 출동한 H 지구대 순찰 3 팀 근무 경사 I 등이 피고인, C, D에게 퇴실을 요구하여 밖으로 나온 피고인, C, D은 모텔 입구 앞에서 지갑 등 소지품을 던지며 “ 개새끼들아, 내가 뭘 잘못했는데, 니들이 경찰이 가, 마음대로 해 봐라 ”라고 욕설을 하면서 드러누워 약 40분 동안 위력으로 피해자의 숙박업소 영업을 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (the statement of a victim and his/her suspected act);

1. Article 314 of the Criminal Act applicable to the crime, Articles 314(1) and 310 of the Criminal Act, and the selection of fines for the crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The degree of damage is not very significant, the victim and the defendant agreed smoothly with it, and the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the arguments of this case, such as the circumstance after the crime, shall be determined as ordered, taking into consideration the following circumstances.