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(영문) 부산지방법원 2018.09.12 2018고단2206
업무방해등
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

[criminal records] On November 16, 2017, the Defendant was sentenced to six months of imprisonment by the Busan District Court for interference with the execution of official duties, etc., and completed the execution of the sentence on December 15, 2017 at the Busan Detention Center.

[Criminal facts]

1. On April 21, 2018, from around 22:20 to 23:00 of the same day, the Defendant: (a) was discharged from clothes on the ground that the name and body of the funeral ceremony held by the head of D Hospital D Hospital C, which had been managed by the victim C in Busan Dong-gu, was under drinking together with his/her line, and was under drinking together with his/her line; (b) he/she was discharged from clothes on the ground that his/her ship’s large part of the ship was disregarding his/her line; (c) was panty in line with the surrounding life in the above funeral hall; and (d) went back his/her well-known, she was flading with his/her well-being; and (d) was throwing away with his/her panty, and obstructed the victim’s funeral ceremony business by force by means of impairing inconvenience to the visitors who visited the above funeral hall.

2. The Defendant damaged property by throwing away, at the time, and at the place specified in paragraph 1, the sum of the market prices of KRW 1.5 million, which are owned by the funeral hall of the victim D hospital, or by throwing away waste bags, liquids, chairs, etc., and destroying the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Investigation report (on-site photographs, etc.);

1. Previous convictions: Ascertainment of a statement of inquiry about criminal history, attachment of text of the judgment, copy of each judgment, application of Acts and subordinate statutes to investigation reports (verification of facts constituting a crime during the period of repeated crime);

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 366 of the Criminal Act, the selection of fines for criminal facts, and the selection of fines for negligence;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act include not only a number of criminal defendants with the same and different criminal records, but also a number of criminal records after being released from the court for the immediately preceding crime.

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