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(영문) 광주지방법원 2019.03.07 2019고정34

업무방해등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 23, 2018, from around 05:32 to 06:05 on the same day, the Defendant obstructed the Defendant’s business at the “E convenience store” operated by the victim D in Gwangju Mine-gu, Gwangju, without calculating the “E convenience store”, followed the Defendant’s disturbance, such as humping water into coffee, humping the victim so as to restrain it, and throwing the hume into the floor.

Accordingly, the defendant interfered with the convenience store business of the victim by force.

2. The Defendant assaulted the victim D(the age of 42) on the date, time, place, etc. mentioned in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report (CCTV verification);

1. Application of the Act and subordinate statutes to the results of a CD (CCTV) reproduction program;

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of a fine for the crime, the choice of a penalty, and the selection of a fine for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The amount of the fine determined by the summary order shall be partially reduced by taking into account the defendant's age, character and conduct, environment, health conditions, circumstances after committing the crime, etc., as well as the power of the defendant, the details of his/her assault and violence, the degree of obstruction of business, etc. resulting therefrom, which has been exercised by the defendant for the