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(영문) 대구지방법원포항지원 2020.09.10 2020고정121
업무방해등
Text

The sentence against the accused shall be determined by a fine of KRW 1,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From 20:00 on January 8, 202 to 23:00 on the same day, the Defendant: (a) from the main point of “D” operated by the victim C (W, 34 years of age) in north-gu, north-gu; (b) thereby, the Defendant was unable to enter by the customers entering the main point of the Plaintiff by getting out of the door by getting out of the door, she was unable to have the wind with another male and female, who is an employee; and (c) making it difficult for the Defendant to have the winded with another male and female; and (d) making him out of the door.

Accordingly, the defendant interfered with the victim's main business for about 3 hours by force.

2. No person who violates the Punishment of Minor Offenses Act shall carry with him/her any extension or tool which may be used for causing serious harm to human life or body, such as a knife, a steel bar, or a hacksaw, or for intrusion on a house or other structure, without justifiable grounds, while hiding it;

Nevertheless, at around 23:45 on January 8, 2020, the Defendant concealed and carried a deadly weapon by inserting it in front of the F apartment Gdong in the north-gu, North-gu, U.S., G, and without good cause, the kitchen knife that may cause serious harm to human life or body without any justifiable reason.

Summary of Evidence

1. The defendant's legal statement (part);

1. Each police statement of C and E;

1. Seizure records;

1. Application of each statute on photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) 2 of the Punishment of Minor Offenses Act (the point of interference with business), the choice of punishment for a crime (the point of carrying a deadly weapon) (the selection of fine);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply to concurrent crimes. Article 50 (Limits to Aggregate of Maximum Amount of Crimes of the above two Articles);

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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