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(영문) 수원지방법원 여주지원 2018.09.04 2018고정467
업무방해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 18, 2017, the Defendant interfering with his/her duties: (a) in the “D cafeteria” operated by the Victim C in Ischeon-si, Leecheon-si on the ground that he/she does not sell alcohol to the victim; and (b) in the “D cafeteria” operated by the Victim C on August 18, 2017, the Defendant would not sell the Defendant’s drum

내가 뭘 잘못했는데. 내가 경기도 어디서 경찰관도 두들겨 팼다.

Along to about 30 minutes of the disturbance, such as “drawing in a large voice,” the customers were forced to leave the disturbance.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. No one who violates the Punishment of Minor Offenses Act shall repeatedly spread off calls, text messages, letters, e-mails, electronic documents, etc. to any third person without justifiable grounds;

On June 15, 2017, at around 09:57, the Defendant sent the victim’s cell phone of the victim C with a text message “I see that I see that I am at the night.” From then to July 2, 2017, the Defendant repeatedly sent the victim’s text message to the victim’s cell phone of 15 times in total, as indicated in the annexed crime list, from July 12, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. An investigation report (related to CCTV images at a D cafeteria);

1. Each statement protocol with respect to C;

1. Application of the Acts and subordinate statutes to photograph letters sent to the victim;

1. Article 314(1) of the Criminal Act, Article 314 of the Punishment of Minor Offenses Act, Article 3 subparag. 40 of the Punishment of Minor Offenses Act, and selection of fines for the crimes;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the penalty is aggregated with the maximum amount of two crimes)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be taken into consideration in favor of the defendant, as well as in favor of the fact that the defendant’s act was committed and the period of the act was committed.

The defendant's age, sex, environment.

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