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(영문) 대구지방법원 김천지원 2016.12.20 2016고정382

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 18:10 on April 23, 2016, the Defendant: (a) obstructed the victim’s work of operating the decentralization for about 20 minutes by force, such as by drinking in front of the 'D' restaurant located in the Gu, Si, Si, Gu, and the victim E, the owner of the above restaurant business, who intended to throw away butts from the ground, “I will not throw away the beginning.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police investigation report (as to the attachment of field CCTV photographs and CDs);

1. Fire-proof report (the defendant and his defense counsel alleged that the defendant throw away but she was seated with dub and dub, but there was no interference with the defendant's business, such as dubing and dubing the victim, etc. However, according to the evidence of the judgment, the defendant and his defense counsel's above assertion cannot be accepted since the defendant and his defense counsel interfered with the victim's operation of dubing points by force as stated in the facts charged in the judgment of the court below.)

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the victim of the reason for sentencing under Article 334(1) does not want the punishment of the defendant, but such circumstance appears to have already been determined by the fine since the date of the issuance of the summary order. Even if the defendant had the record of punishment for the same kind of crime, the crime of this case leads to the crime of this case. In full view of all the circumstances, including the background of the crime of this case, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.