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(영문) 수원지방법원 평택지원 2017.08.23 2017고단1279

업무방해

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On May 14, 2017, from around 03:30 to 04:10 on the same day, the Defendant requested a female guideer to sit in company with alcohol within the Franz managed by the victim E located in Pyeongtaek-si D, and the Defendant was asked to francate to leave from the damaged party.

p. He shall see to see, to see, to see, to us only.

“Accomment” shall be made with the victim’s walked, and the victim’s walked with a caner, and the plaintiff into a beer storage room within the table of the above main shop.

c) re-enter into the main place after this change; and

The death shall be discarded.

The victim's main business operation was obstructed by force by avoiding disturbance, such as taking a bath for the two-years, thereby getting the customers who had been in the place, thereby obstructing the victim's main business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. E statements;

1. Application of each statute on photographs;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A favorable circumstances such as the fact that the defendant has been punished several times by a fine due to the same kind of crime: A confession, reflectivity, and absence of records of crime exceeding the fine; a victim’s consent to the application of the victim that the defendant’s wife against the defendant was applied; the degree of damage was not relatively heavy; and a defendant appears to be a contingent crime: A sentence imposed on the defendant’s age, family relation, and circumstances leading to the crime, etc.: A judgment is rendered as per the disposition on the grounds of a fine of not less than 6,00