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(영문) 수원지방법원 안산지원 2016.05.12 2015고정1617
업무방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 22, 2015, the defendant tried to charge the mobile phone to the "D" convenience store located in the Dong-gu, Ansan-si on September 23:10.

In the course of making a telephone call while paying and charging the fee, all mobile phones have become a part of the mobile phone and the guidance for filling has been separated.

The victim was unable to make a re-charge when the line is separated from the telephone during the charging period to the defendant, and the victim was required to pay an additional charge in order to make a re-charge.

Although the defendant was charged for a long time, he/she has re-paid a dispute with the victim on the ground that he/she should pay the charge again, and the victim got a voice from the convenience store to the defendant.

The Defendant interfered with the convenience store duty of the victim by force, such as making a sound to himself/herself, and making it difficult for customers in the vicinity of him/her to keep approximately one minute and 30 seconds at the convenience store, making an internal camera string up three times, and preventing them from calculating the accounts.

Summary of Evidence

1. 피고인의 법정 진술 중 휴대전화 충전 요금으로 다툼이 생겨 1분 가량 카운터를 발로 3회 찼다는 진술 부분

1. Part of the statement that the defendant was unable to resist at the time among the suspect interrogation protocol prepared by a judicial police officer;

1. Application of Acts and subordinate statutes to video materials (No. 13) related thereto;

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 Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: (a) although the Defendant provided money to the victim with respect to the charges for charging mobile phones, the victim was able to fall from the floor, thereby misunderstanding the amount of money, and misunderstanding the victim’s desire to the Defendant; and (b) the Defendant took three times against it.

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