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(영문) 수원지방법원 안산지원 2018.03.15 2017고정1184
업무방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of B-Sex vehicle, and the victim C is a person who is carrying out the removal work on the side of the building in which the defendant is living.

1. On July 5, 2017, the Defendant: (a) obstructed the victim’s duties by parking his/her own vehicle in front of the damaged person’s vehicle in front of his/her place of residence and by using force to prevent the side road of the vehicle owned by the Defendant, such as leaving the site and staying in his/her place of residence, for the purpose of raising complaints against the noise of the nearby construction site and the traffic of the construction vehicle in front of the Gu of Ansan-si, Ansan-si; and (b) interfered with the victim’s duties.

2. 일반 교통 방해 피고인은 전항 기재 일시 및 장소에서 위와 같은 방법으로 차량에 시동을 끄고 현장을 이탈하거나 차량 운전석에 탑승하여 시동을 켠 상태에서 이동하지 않으면서 다른 차량의 통행을 불가능하도록 교통을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each statute on photographs;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 185 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are highly high, and the Defendant did not agree with the victim.

However, it appears that the defendant shows the attitude against this court, and the defendant's age, occupation, sex, environment, and all the circumstances before and after the crime of this case, etc. are determined by taking into account all the conditions of sentencing as shown in the records.

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