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(영문) 서울중앙지방법원 2012.12.13 2012고정5688

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 14, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, threats, etc.) at the Daegu District Court on December 14, 201, and the said judgment became final and conclusive on March 2, 2012.

1. On August 27, 201, at around 15:00, the Defendant interfered with the business, at the fourth E-mail Office of the branch of the Korean Racing Association, the injured party in Jongno-gu Seoul Metropolitan Government, the victim C, D, who was a horse security guard of the Mar society, lost all money in the Mapo society, changed the amount of money, and sent out to that place, thereby interfering with the operation of the said marina society by force.

2. The Defendant, at the same time and time as indicated in the above paragraph 1, threatened the victim’s “F” in the “F” in the operation of the victim E branch of the said Korean Racing Association C branch, as indicated in the above paragraph 1, by using the victim’s 1 disease, beer, beer, beer, beer, and so on, having the victim drinked, without any money, and was off, so as to put the victim off, and talked with the victim, “grading the snow,” and expressed the victim’s desire to “grad the snow,” and thereby preventing the victim from claiming the amount equivalent to KRW 10,500 of the above food cost, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, G and H;

1. Each photograph (30 to 31 pages of investigation records);

1. Previous records of judgment: Application of the defendant's legal statement, criminal records, and copies of judgment;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 350 (1) of the Criminal Act concerning the choice of punishment. Article 350 (1) of the Criminal Act

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act is that the defendant recognizes and reflects his mistake, and simultaneously decides the crime as stated before the judgment becomes final and conclusive and the crime of this case.