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(영문) 부산지방법원 동부지원 2016.04.20 2015고단2514
업무방해
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

On March 28, 2014, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court on April 22, 2014, and completed the execution of the sentence on April 22, 2014. On March 17, 2016, the Defendant was sentenced to six months of imprisonment with labor for a disturbance, etc. at the Busan District Court, and the judgment became final and conclusive on March 25, 2016.

The defendant, who was registered as the adviser of C, which is a violence organization managed by the Busan Regional Police Agency, has been committed 17 times before violence, and has been committed for a long time in the Japan in Busan Maritime Affairs and Fisheries Daegu, and was engaged in an diversous behavior against the old and the elderly in the vicinity of the Maritime Bath.

On July 5, 2015, the Defendant: (a) around 23:20 on July 5, 2015, the victim E (57 years old) operating a street store in Busan Shipping Daegu D, and the victim with the snow “I am glare, snow, and snow,” and (b) the victim’s wife F (53 years old), followed the Defendant’s “I am glare, I am h, I am for the same year, I am h, I am for the first time, I am h, I am for the first time, I am for the first time, I am for the second time, I am for the second time, I am for the second time, and I am for the first time.”

Accordingly, the defendant interfered with the victim's old occupation business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. G statements;

1. Previous records: The results of inquiry, the judgment of the case relating to the defendant, and the application of the statute to inquire about summary information;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 37 of the Criminal Act: Provided, That Article 39 (1) of the Criminal Act shall apply to the treatment of concurrent crimes (the foregoing crime and the concurrent judgment and the consideration of equity between the crimes, etc. for which judgment has become final and conclusive):

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (amended by Act No. 70(1) of the Criminal Act) (the prosecutor’s opinion) and four months (amended by Act No. 5,000,000 won): The circumstances favorable to the defendant that he/she has committed violent crimes at least ten times: The victim does not want to be punished, and the defendant is the person who is the defendant.

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