(영문) 대전지방법원 2020.03.20 2019고정1321

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(영문) 대전지방법원 2020.03.20 2019고정1321

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 30, 2019, at around 18:55, the Defendant: (a) stated that, under the influence of alcohol in the corridor prior to the cash payment period of the Seo-gu Daejeon Apartment Management Office, the Daejeon District Office, the Daejeon District Office, which manages the cash payment machine, would offer KRW 700,000,000 deposited in the cash payment period to the victims E, and (b) stated, “I am off the upper door, and sing off the upper door, and sing off the above payment machine on the floor, and interfere with the victim’s cash payment management work by force.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. 12 reported case handling table and investigation report (the matters to confirm the cell phone image of this case);

1. Certificate of employment (E);

1. Application of relevant photographs, related video CD-related Acts and subordinate statutes;

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 crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an unfavorable circumstance against the defendant, such as: (a) the defendant, while intending the victim in charge of the management of cash payment management; (b) 40 minutes by force; (c) he was unable to perform his duties by force for 40 minutes; (d) the defendant has been punished twice by a fine due to the same kind of crime in the previous case; and (e) the victim wanted to punish the defendant.

On the other hand, the Defendant recognized the instant crime and opposed to it, and at the time, the Defendant appears to have caused the instant crime by the breakdown of cash payment machines due to the malfunction of cash payment machines while under the influence of alcohol. The Defendant is favorable to the Defendant, such as the fact that it is difficult for the Defendant to economic situation as a basic living recipient.

In addition, the defendant's age, environment, character and conduct, family relationship, motive and means of crime, and crime.

참조조문

유사 판례

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