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(영문) 서울남부지방법원 2019.06.12 2019고정416
업무방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 9, 2018, at around 06:50, the Defendant obstructed the victim’s restaurant business by force by avoiding any disturbance, such as noise, which occurred as a day when the victim C (V, 60 years of age) works in Guro-gu Seoul Metropolitan Government on his mobile phone, was taken for a day when he takes a string of the string of the strings, with his own mobile phone, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Report of investigation (verification of images taken by a suspect on a cell phone) and application of Acts and subordinate statutes to report of investigation (related to grounds for not punishing the victim);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not mean that the nature of the crime in this case is somewhat weak, but there is no concrete physical and human damage other than avoiding disturbance, and the victim expresses his/her intent not to punish the defendant, and the motive and circumstance of the crime in this case during the process of recording and trial, the circumstances after the crime, the defendant's age, character and conduct, and economic circumstances, etc. shall be determined as ordered by the order, comprehensively taking into account various factors of sentencing such as the motive and circumstance of the crime in this case, the circumstances after the crime, the defendant's age, character and conduct, and economic circumstances.

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