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(영문) 서울남부지방법원 2016.06.14 2016고단1457
업무방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal records] On August 9, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for property damage by the Seoul Northern District Court on February 26, 2013 and completed the execution of the sentence.

[2] On December 7, 2015, the Defendant 15:40 around 15:40, and entered the Gangnam-gu Seoul Cheonggukdong, Gangnam-gu, Seoul, Cheonggukdong, 62-13 Saemaul Savings Depository, and displayed the grost of the grost as if he were gas guns, and only the front part of the grost of the grost to the victim C, an employee of the Saemaul Bank, who was an employee of the Saemaul Bank, was on the grost of the grost of the grost of the grost of the grost, and the grost of the grost of the grost of the grost of the grost of the grost of the grost of the grost of the grost of the grost, thereby

Accordingly, the defendant interfered with the legitimate banking business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to C and D;

1. A protocol of seizure and a list of seizure;

1. On-site CCTV photographs;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and applying the statutes of the judgment;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of an alternative fine (to take into account the following circumstances):

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

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommended punishment in accordance with the sentencing guidelines] are sentenced to a fine, and thus, the sentencing guidelines need not be applied. [Pronouncement of sentence] The crime of this case did not actually cause a large risk.

Even if the Saemaul Treasury, which is a public place, has committed acts that interfere with affairs by a method that could cause harm to the general public, and the defendant has been subject to punishment on several occasions, such as violence fraud, and in particular, interference with the same kind of affairs.

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