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(영문) 서울중앙지방법원 2019.10.18 2019고정1517
업무방해등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 14, 2019, the Defendant was sentenced to a suspended sentence of two years on August 22, 2019 by imprisonment with prison labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Suwon District Court's Ansan Branch.

1. On April 19, 2019, from 02:00 to 05:00, the Defendant interfered with business, without any reason, obstructed the victim’s mother trading business by force by avoiding a small amount of disturbance for 3 hours, such as:0 to 00 to 05:0, the Defendant provided the victim C (hereinafter “Dmoel”) with a view to drinking together within the “Dmotour” E, which is operated by Jongno-gu, without any reason, and making other guests take a heavy bath, and asking him/her on the part of the toilet.

2. The Defendant who received a report at the time, time, and place under the above paragraph (1) and damaged the shower system equivalent to 50,000 won at the market price by putting the shower, which was cut off by a police officer, using shower the flab, who was flabed by the Defendant’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Investigation report (Attachment of shower photographs destroyed and damaged to photographs);

1. Before judgment: Application of one copy of the judgment, and one copy of the search screen of the Supreme Court's Na case;

1. Relevant Article 314(1) of the Criminal Act and Article 366 of the Criminal Act (the point of interference with business) concerning the crime, the choice of a fine for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the maximum amount of the crimes of two concurrent crimes, which are determined by the crime of interference with business heavier than the punishment);

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

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act is agreed with the victim, and the equity between the case where the judgment is rendered concurrently with the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act.

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