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(영문) 광주지방법원 2014.10.30 2014고정1506
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, from around 14:00 on July 4, 2014 to 14:22 on the same day, had interfered with the victim’s malicious business operation by force, by lest the customers entering the above malicious point by avoiding the disturbance, such as shot, Chewing, and schip, on the ground that he did not refund the musical instruments purchased at least six (6) years in D operated by the victim C (the third floor of the Seo-gu building of Gwangju (the age of 43) in order to prevent them from entering the malicious point of view.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. It is recognized that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the Defendant’s mistake is divided and reflected in the sentencing; (b) the Defendant appears to have been in an economic difficult situation, such as supporting the aged 6 and the aged 82 old old age; and (c) the Defendant has no criminal records exceeding the fine.

However, on the other hand, the crime of this case is a case that interferes with the victim's malicious business by force on the grounds that the defendant did not refund the musical instrument that he purchased six years prior to the crime of this case, and its nature is considerably not good, the defendant committed the crime of this case without being aware of the fact that he had been punished twice due to the violation of the Act on the Punishment of Violences, etc. in the past, and the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case, in full view of all other similar cases, including equity with other similar cases, the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and thus, it cannot be deemed that the amount of fine specified in the summary order is excessive

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