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(영문) 수원지방법원 2017.10.17 2016고단5860

업무방해

Text

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

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

Reasons

Punishment of the crime

On August 11, 2016, from around 21:30 to 22:00 of the same day, the Defendant expressed the victim C’s “Chin” under the influence of alcohol in the “D convenience store” managed by the victim C in Suwon-si, Suwon-si, Suwon-si, without any particular reason, and expressed the victim’s “Chin” to the victim without any reason;

이 썅년이, 너 내가 여기 잘라 버린다.

“Along with a large sound, I am at a time and expressed a bath.”

Accordingly, the defendant interfered with the victim's convenience store management by force.

Summary of Evidence

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

1. C’s statement;

1. A report on investigation;

1. A photograph of a CCTV at the scene of the case;

1. Application of Acts and subordinate statutes to report on investigation (report, such as hearing of statements from telephone for punishment of a victim);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that there are several times of criminal punishment (one time of suspended execution and six times of fines) and the records of criminal punishment due to violence, etc.; circumstances favorable to the victim's wishing for the punishment of the defendant: The degree of interference with business cannot be deemed as serious: the above circumstances and the defendant's age, sex behavior, environment, etc. shall be determined as ordered by the order.