beta
(영문) 의정부지방법원 2018.09.13 2018고정1128

업무방해

Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 14:30 on May 10, 2018, “D main store” in the “D main store” operated by the Dongbcheon-si B (59) on May 10, 2018, refers to a large voice for the surrounding customers without any justifiable reason.

However, according to evidence, it is recognized that the defendant actually did not have any goods, and thus, this part of the facts is corrected. This part of the indictment is correct, given that it is recognized that the defendant did not have any goods in fact according to the evidence. This part of the indictment is amended.

approximately 30 minutes of disturbance interfered with the victim's packing horse business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol against C and E;

1. A summary statement of each relevant witness;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant’s desire to take care of, and collect trial expenses from, customers who have been on the packaging of the instant case, thereby leaving their matches, etc., the criminal liability is not easy.

On the other hand, however, the punishment shall be determined by comprehensively taking into account the following factors: (a) the defendant's wrong recognition of his/her mistake, the victim does not want the punishment against the defendant; (b) the circumstances leading to the crime of this case before and after the crime of this case; (c) the defendant's age, sexual behavior