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(영문) 대전지방법원 천안지원 2021.01.11 2020고단2562
업무방해등
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

Punishment of the crime

1. On May 6, 2020, the Defendant: (a) around 14:38 on May 6, 2020, the Defendant: (b) was under the influence of alcohol around 1st exit in the south-gu, Chungcheongnam-gu, Seocheon-ro, 239; (c) was demanding a free change in the quality food of water craft displayed to sell it to the victim B, who is a disabled person; (d) was refusing this request; and (e) the Defendant obstructed the victim’s business on the street by avoiding disturbance, such as throwing away the tables with the food of water on the ground of the victim’s refusal.

2. The Defendant damaged property by putting the table table, which is displayed for sale by the injured party at a time and time as referred to in the above Paragraph (1) of this Article, on the hand-craft food, which is the victim’s possession of an amount equivalent to KRW 50,00,00 at a lower price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written self-statements prepared;

1. On-site photographs;

1. Investigation report (to hear statements from victims B about the details of damage);

1. Application of Acts and subordinate statutes to report internal investigation and telephone communications with victims;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

2. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of two crimes is aggregated with the punishment determined by a obstruction of heavier business affairs: Provided, That the maximum amount of two crimes shall be aggregated);

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

4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. The scope of punishment by law: A fine not exceeding 22 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply by selecting fines.

3. On February 7, 2020, the Defendant who was sentenced to a suspended sentence of ten months for committing the same kind of crime, such as obstruction of duties and crime of damage to property, in the Daejeon District Court Branch of the Daejeon District Court on February 7, 2020, and was sentenced to a suspended sentence of two years for whom the sentence became final and conclusive on February 15, 2020.

Nevertheless, the defendant is the defendant for a period of three months or more.

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