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(영문) 부산지방법원 2017.02.15 2017고단243
업무방해
Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

On December 20, 2016, around 02:00, the Defendant obstructed the victim’s packing horse business by force for about one hour and 30 minutes, by taking advantage of the following: (a) in the packaging horse of the victim’s C’s operation in the vicinity B of Busan B, without any justifiable reason, while drinking alcohol; and (b) taking a bath to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the Defendant had two or more criminal records of the same kind, and if so, the Defendant interfered with the victim’s packing and finishing business, and the nature of the crime is not somewhat weak.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex behavior, family relationship, motive and circumstance of the crime, degree of participation in the crime, circumstance before and after the crime, etc. are determined by considering the following facts: the defendant's reflects the fact that the injured person does not want the punishment of the defendant by unanimous agreement with the victim; and the defendant's age, health, occupation, sexual behavior

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