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(영문) 수원지방법원 성남지원 2017.06.21 2016고정1068

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On August 31, 2015, the Defendant obstructed the Defendant’s duty by exercising force on the part of “C main points located in Seongbuk-gu, Sungnam-si, Sungnam-si, with no reason any reason to the effect of drinking, the Defendant: (a) went to the c main points “C main points” located in Seongbuk-gu, Sungnam-gu; and (b) the Defendant 5 minutes of the victim D (19 years of age, female) with approximately 19 minutes of the food on the table of other customers, such as throwing away the food on the table.

2. Around August 31, 2015, the Defendant was arrested in flagrant offenders on the grounds of the foregoing paragraph (A) in Sungnam-si, Sungnam-gu, Sungnam-gu, 190-6 as of August 31, 2015, the Defendant was unable to avoid disturbance within the Sungho-gu, a governmental office, for about one hour, such as fluoring down the fluor of fluor, “Ie fluor, Ie fluor, Ie fluor, Ie fluor, Ie fluor, Ie fluor, Ie fluor, Ie fluor, Ie, and fluoring Ie fluor.”

Summary of Evidence

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

1. Written statements of D;

1. Investigation reports, notification to the accident-related department in the case of 112, and application of the Act and subordinate statutes to the investigation report (CCTV investigation);

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of interference with business), and the selection of fines, respectively, for the crime;

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

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

1. In light of the fact that the whereabouts of the accused cannot be known after the request for formal trial for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and that there are no changes in circumstances after the issuance of the summary order, the fine is not mitigated, and the punishment is determined by taking into account the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act as stated in the present records and arguments.