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(영문) 의정부지방법원 2017.03.23 2016고정2593

업무방해등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 24, 2016, the Defendant: (a) stated that the victim E, an employee, should take a walk directly from the Defendant at the D convenience store located in Speaker-si C around 14:00 on August 24, 2016; (b) it was difficult for the Defendant to avoid disturbance at the D convenience store for about 30 minutes, such as threatening the victim with his/her hand, as he/she would take a bath for the victim.

Ultimately, the Defendant interfered with the victim’s convenience store work by force as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Image images of Handphones;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. The Defendant’s crime of this case, such as (i) examining the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (ii) avoiding disturbance at the convenience store where the Defendant is female victim’s work; and (iii) threatening the victim to suppose, etc., is not less than the nature of the crime in light of the content and method of the crime; and (iv) there was a history of having been punished several times due to the crime of this kind, etc., are deemed to be disadvantageous to the Defendant.

On the other hand, however, the criminal facts of this case are recognized, which reflects his mistake in depth, that the defendant agreed with the victim, that the defendant was 76 years old, that the economic situation appears to have not been followed by the designated judicial branch after the end of 1989, that there is no record of criminal punishment after the end of 1989, and that there is no record of criminal punishment after the end of 1989, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, family relations, economic circumstances, etc., and all other circumstances that are conditions for the punishment of this case, including the defendant's age, sex, sexual behavior, intelligence and environment, and other circumstances that

Rejection of Public Prosecution

1. The summary of the facts charged is D. D. with the Government-Si around 14:00 on August 24, 2016.