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(영문) 의정부지방법원 2017.12.06 2017고단1474
업무방해등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 14, 2017, the Defendant: (a) asked the victim D to provide alcohol at the main point of “C” located in Dongducheon-si B around 20:30 on March 14, 2017; (b) however, the Defendant said that the victim would not sell the alcohol.

On the ground that he caused damage to property equivalent to a total of 50,000 won in the market price, such as 200,000 won in a fracker, fracker 20,000 won in a fracker, and fracks the floor in a fracker, and interfered with the business of the victim by force by fracking the incidental sound of the goods over about 20 minutes.

2. On the ground that the Defendant was able to avoid disturbance as described in paragraph 1 at the date, time, and at the place specified in paragraph 1, and as indicated in paragraph 1, the Defendant was able to keep the Defendant as the victim E (57 years old) who is the customer, and the Defendant was able to do so.

"Absently, the part of the victim's entrance was 1 time by drinking, and assaulted the victim by making the victim's neck one time by hand."

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. A criminal investigation report (eight pages);

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report of investigation (victim D currency);

1. Article 314 (1), Article 366, and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant’s crime of this case, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was very violent and dangerous since the crime of this case was committed by obstructing business, destroying property, and assaulting.

Defendant has already been subject to criminal punishment for similar crimes, such as assault and damage of property.

Nevertheless, there is a need for strict punishment for the crime of this case which is unrefilled.

In addition, the defendant's age, sex, environment, attitude after committing the crime, etc.

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