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(영문) 대구지방법원 2017.06.22 2016고정2361
업무방해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On August 5, 2016, at the Daegu-gu D management office around 10:20 around August 5, 2016, the Defendant did not state “victims” in the indictment, which is a staff member of the said management office, but does not appear to result in substantial disadvantage to the Defendant’s exercise of his/her right to defense even if it was added without changing the indictment. Therefore,

E, while requesting for the previous generation electricity fee statement in the previous year to E, the victim took an attitude that the victim did not properly cooperate with it, and thus, it interfered with the legitimate management of the apartment of the victim on the ground that the victim did not properly cooperate with it.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Application of the respective legal statements of witness F and E to the Acts and subordinate statutes;

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 sentencing of Article 334(1) of the Criminal Procedure Act provides that the Defendant’s motive and dismissal of the Defendant and obstructing the victim’s business was not set at five minutes, taking into account the Defendant’s age, sexual conduct, motive and consequence of the crime, circumstances after the crime, criminal records, etc., and various sentencing conditions specified in the records and arguments of this case, such as the records and arguments, shall be determined as ordered.

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