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(영문) 서울남부지방법원 2018.09.13 2017고정1609

업무방해

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On July 15, 2017, at around 19:30 on the main point of “D” operated by the victim C (W, 81 years of age) located in Yeongdeungpo-gu Seoul, Seoul (hereinafter “D”), the Defendant, without any justifiable reason, expressed the victim’s desire, such as “W,” and obstructed the victim’s main place of business by force for about 30 minutes, by giving the victim with a plaque of marching, including taking coffees, going throughout this year, h. of this year, and h. of this year.”

Summary of Evidence

1. The witness C’s legal statement (the defendant’s act, damage details, etc. shall be consistent from the investigative agency to the present court;

On the day of the case, the police officer was dispatched to the main points of the above "D" due to the report of 112 reported by the person who caused the failure on the day of the case, the victim's statement cannot find any circumstances that could be false in the victim's statement, and the credibility is recognized in light of this court's attitude of statement in this court.

1. C’s statement;

1. Application of the statutes governing the arrest of flagrant offenders;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;