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(영문) 대구지방법원 김천지원 2018.04.05 2018고정52
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is residing in B, and the victim C is a management engineer working in B management office.

1. On December 4, 2017, at around Kimcheon-si B management office around 17:31, 2017, the Defendant interfered with the victim’s apartment management affairs by using approximately 20 minutes of force, such as where he/she was able to file a complaint about the management affairs of the apartment under the influence of alcohol, and was able to gather a trustor who was kept in the place, and was booming on his/her book, thereby obstructing the victim’s apartment management affairs by using approximately 20 minutes of force.

2. In the same time, at the same place as in the preceding paragraph, the Defendant damaged property by breaking one head of the glass (90cm in width, 40cm in length, 50cm in thickness) equivalent to the market value of 25,000 won, among two glasss on which he was collected and placed on the table of the B management office (the manager D) (2m in width, 90cm in length, 40cm in length, and 5m in thickness) at the same time and place as in the preceding paragraph, and breaking up one head of the glass (10cm in width, 50cm in length, 50cm in thickness, 5m in thickness) of the market value of which is equal to 25,00 won in length.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes in Chapter 1 of the detailed statement of internal investigation (in cases of attaching on-site photographs), seven photographs, internal investigation reports (in cases of the price of glass), internal investigation reports (in cases of attaching a detailed statement of transaction), and specifications of transaction;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act has not been restored to the standard for sentencing of the Criminal Procedure Act; there are many criminal records of the same kind; the motive, means and result of the crime; the circumstances after the crime; the character and conduct of the defendant; and the circumstances of sentencing such as the character and conduct of the defendant.

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