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(영문) 대전지방법원 2017.02.08 2016고단3412
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 20, 2016, from around 05:00 to 07:00 on the same day, the Defendant: (a) took a bath at the victim D (44) store operated by the victim D (S) located in Daejeon Dong-gu Daejeon-gu Daejeon on the ground that the victim does not refund the remaining share to the victim; (b) took care of the victim’s face; and (c) threatened the victim with the victim’s entertainment shop business by force on the ground that the victim did not refund the share to the victim; and (d) threatened the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Considering the favorable circumstances, such as the fact that the Defendant was unable to receive a letter from the injured party on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the commission of the crime, the recognition of the crime, and the degree of the tangible power exercised, and the fact that the degree of the used physical power seems to be relatively heavy, the punishment as set forth in the Disposition shall be determined by taking into account the Defendant’s age, sexual behavior, environment, etc.

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