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(영문) 서울서부지방법원 2017.05.19 2016고정1634
업무방해
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

On July 12, 2016, the Defendant, around 13:00 on July 12, 2016, talked about ‘D' on the first floor of the Mapo-gu Seoul Metropolitan Commercial Building, with a large drinking voice, the victim E, who is the business owner of the location, demands to lower the voice, and whether D'D' on the 1st floor of the Mapo-gu Seoul Metropolitan Building.

The inside of the Republic of Korea will be heeped with a width.

다 부숴 버리겠다’ 라고 큰 소리로 욕설을 하는 등 약 20분 동안 소란을 피워 위력으로 피해자의 카페 운영 업무를 방해하였다.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim already expressed his/her intention not to be punished against the defendant at the police investigation stage, and the defendant appears to have been issued a summary order of a fine of KRW 50,000,00 even though he/she had multiple criminal offenses, considering the fact that the defendant was aged and the police investigation took an attitude against the defendant. In light of this, even if considering that the victim submitted a written agreement stating that the victim would not want punishment against the defendant, the above amount of fine is deemed appropriate, and therefore, the amount of fine should be determined in the same manner as the

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