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(영문) 인천지방법원 부천지원 2017.06.28 2017고정574

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A victim B and a victim C are D employees, and the defendant was visiting the victim as a guest in D's work.

On March 31, 2017, around 03:20, the Defendant: (a) stated that the victim B was unable to enter the victim B, prior to D 2 B’s drinking house located in Seocheon-si, D 03:20, with drinking alcohol, and visited her drinking house; (b) the victim C also stated that the Defendant would have a letter or position while drinking; and (c) the Defendant returned home to the Defendant, but the Defendant stated that he would have a letter or position that he would return home; (d) however, the Defendant left the victim B with the “Iss clothes,” and

chchchisher, whether or not milisher was delivered;

Doz. Doz.

The term "the victims interfere with the friendship and business of the victims, such as keeping the goods in the carbr from the carbr to the right after the carbr, and avoiding the disturbance."

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against C;

1. Application of B’s written laws and regulations;

1. Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

It seems to be a contingent crime.

There have been living without other criminal records for about 10 years.

However, the degree of interference with the work is not easy to see, however, that victims B feel a lot of insult, and the degree of interference with the work.

There was no agreement with the victims.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.