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(영문) 대구지방법원 김천지원 2016.10.26 2016고단785
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 May 28, 2016, at around 20:00, the Defendant: (a) placed the victim C in Gumi-si B with a view to raising time to the customers who want to enter a convenience store under the influence of alcohol; (b) returned home to the police officer, and (c) expressed the victim the victim’s desire to “Is the pler and the police sler” at around 23:05 of the same day after returning home to the convenience store; and (d) expressed the victim’s desire to “Is the Pussler and the police sler” to “Is the C was reported to the pler, not the Csler and the Csler.”

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 314 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the Defendant, with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime under the influence of alcohol without reflecting the fact that he/she committed the instant crime while being in a repeated crime due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc., a deadly weapon, etc., and a majority of criminal records related to violence, including the Defendant’s punishment, he/she should be punished with strict punishment. However, the Defendant’s mistake is against the Defendant, and the degree of damage is decided as per Disposition.

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