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(영문) 부산지방법원 2016.09.27 2016고정1752

업무방해

Text

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

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

Reasons

Punishment of the crime

On December 2, 2015, the Defendant was sentenced to imprisonment for ten months with labor by fraud, etc. at the Busan District Court on June 2, 2016, and the judgment became final and conclusive on June 2, 2016.

1. On May 7, 2015, from around 22:00 to 22:30, the Defendant obstructed the victim’s singing practice business by force by avoiding disturbance, such as: (a) the victim’s refusal of tobacco smoking in “Dsing practice place” operated by the victim C, which was located in Busan Jin-gu B; (b) the victim gets the victim to satisfe and sat the tobacco; and (c) the hinging of tobacco; and (d) the victim satisf

2. On May 8, 2015, from around 09:00 to 09:20, the Defendant: (a) asked the Defendant’s mobile phone that was left due to the Defendant’s failure to pay accommodation expenses from the Gelel operated by the victim F in Busan Jin-gu E to change the Defendant’s mobile phone; (b) stated, “Choe gue, a mobile phone, ought to be opened with the principle of no taxation and the principle of no taxation in the mobile phone; and (c) took the victim’s clothes, thereby obstructing the victim’s mother business by force.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Previous convictions in judgment: Application of outputs of search of net case, and copies of text of judgment to statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;