beta
(영문) 창원지방법원 마산지원 2016.05.04 2016고단110

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

On January 3, 2016, at around 13:55, the Defendant found the state of drinking in the old rice, rice, and drink store run by the victim C in Changwon-si, Changwon-si, Masan-si, and obtained implied national water with the consent of the victim, and ordered the passenger to enter the 80-year-old bar, other customers, and without any justifiable reason, ordered the passenger to take a stop with “Ye, Yhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh.

This victim’s “Irritha to the same parent.”

The Defendant, “I,” and the Defendant, from the time when I am to h h h h h h h h h h h h h h h h h h h h h h h

A. Chewing years, h.h. for the same year, h. for the same year, h.) expressed a large voice, and obstructed the victim’s street store business by avoiding disturbance over about 20 minutes and by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statement protocol law to C prepared by the police;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of the workhouse has the record of having been punished several times for the same kind of crime. On August 11, 2015, the Changwon District Court sentenced the Defendant to one year of imprisonment by obstructing business operations, etc. on the ground that the Defendant committed the instant crime on December 31, 2015, even though the execution of the sentence was completed and the Defendant committed the instant crime during the repeated offense period, the nature of the crime is very difficult.

However, the defendant does not repeat again because he acknowledges and reflects his mistake.

Considering the fact that the victim C does not want the punishment of the defendant and, in particular, it is reasonable to give the defendant an opportunity once more than a sentence immediately after the defendant is sentenced, so it is reasonable to impose a fine as stated in the disposition.