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(영문) 창원지방법원 2018.02.28 2017고단481

업무방해

Text

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

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

Reasons

Criminal facts

On January 20, 2017, from around 18:10 to 18:50, the Defendant attempted to smoke in a restaurant working as a victim C (26 tax) and his employee in Kimhae-si B, while intending to smoke in a tobacco, it is possible for the victim to smoke in a tobacco.

For the reason that the phrase “” was written, the victim interfered with the victim’s restaurant business by force, such as: (a) reporting the urine in the vicinity of the above restaurant entrance; (b) reporting the gate in front of the entrance; and (c) reporting the string of smoking, tobacco smoking; and (d) reporting the string of tobacco smoking; (b) making the string of about 40 minutes; and (c) preventing other customers from entering the said restaurant; and (d) preventing them from entering the restaurant.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against C;

1. The investigation report (the self-defense of the criminal defendant was found);

Application of the law to the category of damage site photographs;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, is that the defendant agreed smoothly with the victim, and that there is no other criminal record except that the defendant has been fined several times.

On the other hand, the defendant has been punished for the same crime even before, and is disadvantageous to the defendant.

In addition, in full view of the motive, means, and result of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., and the arguments, were determined in the same sentence as the order.