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(영문) 대구지방법원 2017.10.19 2017고단4797
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

On April 23, 2017, the Defendant: (a) was working on the street in front of the exit of the city of the city of the Gu and the person who was working for the temporary work of the worker of the worker of the C (65 years old) who was demanded to move the street in front of the exit of the city of the Gu of the Gu of the city of the Gu of the city of the Gu of the Gu on April 23, 2017; (b) and (c) was under the control of C, “I am fris, knife, hick, h only our crackdown.”

"Abrupted with a large sound, she could have avoided a disturbance between about 15 minutes, such as flabing the bat of the victim by flading the bat, etc.

Accordingly, the defendant interfered with the victim's duty of crackdown on the occupation of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. A copy of an identification card or a letter in the name of the head of Jung-gu;

1. Application of Acts and subordinate statutes to investigation reports (the time during which the injured party has interfered with his/her duties);

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse is not only the fact that the defendant was punished for the same kind of crime, but also the fact that the defendant was punished several times of fines, and that the defendant was dissatisfied with the crackdown and committed the crime is disadvantageous.

However, the punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances such as the defendant's recognition of the crime of this case and reflects the mistake, the fact that the defendant agreed with the victim C, and the age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime.

Of the facts charged in the instant case, the summary of assault among the charges of this case is as follows: “The date and time of the Defendant’s crime as seen earlier, and the victim C at the place where the Defendant’s crime was found to be in place, why we control us.

“Abrupted with a large sound to brupt the victim’s breath by brushing the victim’s breath.”

This is a crime that falls under Article 260(1) of the Criminal Code, and is damaged by Article 260(3) of the Criminal Code.

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