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Reasons
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(영문) 의정부지방법원 2020.12.10 2019고정1687
업무방해
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 1, 2019, the Defendant interfered with the victim’s normal sales of shoes over about 11 minutes by force, such as “E” in a “E” store operated by the victim D(38 years of age) of the first floor C in Gui-si, Gui-si, on the ground that he/she could not resolve the verbal A/S purchased by himself/herself at the “E” store.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Images recorded in CCTV CD (No. 6 No.);

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes on the investigation report (CCTV verification);

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although there was a fact that the Defendant at the instant store stated that he “I will not open.” However, there was no fact that the Defendant did not use the power, such as “Chos” or “I will only come to know,” and there was no fact that the victim’s duties were interfered with.

(A) The Defendant asserted that the Defendant did not “an act of putting on a book,” but the Prosecutor applied for a modification of the indictment to the effect that the pertinent part of the facts charged in the instant case was deleted on September 1, 2020, and the Defendant permitted the modification of the indictment. However, the aforementioned assertion is not judged separately. However, the Defendant’s image from 12/10 of the file stored in CCTV [No. 6] to 12/10 of the files stored in CCTV [No. 6] to 21/21 of the first day of December, 200 can be confirmed by putting the object on the book on the book of the account stand and putting the book on the page). 2.

A. “Incompetence” in the crime of interference with business is all the forces capable of suppressing and mixing a person’s free will, and is tangible.

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