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(영문) 창원지방법원 마산지원 2018.06.26 2018고단372
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On March 9, 2018, at around 18:30, the Defendant 50 minutes of cattle 50 minutes, such as spiting alcohol on the sofa, and spiting it on the floor and spiting it on the floor, on the ground that, at around 18:30 on March 9, 2018, the victim C, who was not paid the price after drinking alcohol, said victim, who did not pay the price after drinking alcohol, was said to go at home.

Accordingly, the victim interfered with the main business by force.

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 facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that although the victim was not punished against the defendant upon agreement with the victim, the victim was not punished against the defendant, the defendant was punished on 15 occasions, and the defendant was punished on 3 occasions by the obstruction of duties committed by a similar criminal act only in the year 2017. In particular, on November 29, 2017, the defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution and 4 months of imprisonment with prison labor, but he was sentenced to 8 months of suspended execution and 4 months of imprisonment with prison labor, so he/she did not commit the same crime during the suspended execution period, it is necessary to pronounce a minimum sentence to prevent the recidivism of the defendant. Thus, the sentence is determined as above.

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