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(영문) 춘천지방법원 2021.01.26 2020고단996
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

On February 6, 2020 (see Supreme Court Decision 2019Do7531 Decided August 9, 2019), the Defendant was released from the Defendant on May 19, 2020 (see Supreme Court Decision 2019Do7531, Apr. 27, 2012) in relation to the instant case by having been sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Chuncheon District Court (see Supreme Court Decision 2012Mo576, Apr. 27, 2012) (see Supreme Court Decision 2012Mo576, Apr. 27, 2012).

Criminal facts

On June 25, 2020, the Defendant, at around 20:16 (see, e.g., the evidence record No. 8), called “D” restaurant operated by the victim C (n, 44 years of age) in Chuncheon City, B, and told the Defendant of his wife. The Defendant, who was under the influence of alcohol at the D’s restaurant, “d” restaurant, was fluencing the Defendant’s wife at the drinking place.

For the reasons that the words of “absation” were written (see, e.g., 17th page of the evidence record) and that they interfere with the victim’s restaurant business by force for about 20 minutes (see, e.g., evidence record No. 11).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim C;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, reporting on the results of investigation, and reporting on the result of confirmation of the previous convictions in disposition (the repeated offense, and confirmation of concurrent crimes after Article 37 of the Criminal Act

1. Article 314 of the Criminal Act applicable to the facts constituting an offense and Article 314 of the Criminal Act that selects a sentence.

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