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(영문) 창원지방법원 2019.10.08 2019고단2113
업무방해등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. Around 23:00 on May 19, 2019, the Defendant interfered with the business of the Defendant: “E” operated by the Victim C (Y, 54 years of age) and D (W, 23 years of age) and the victims to “E”; and “I see why I would like to close the door at home. I would like to see why I would like to see why I would come to close the door at home. I will see why I will come to the end of the year. I will see why I will see that I will come to the house and come to the house and come to the house and come to the house and come to the house, and that I would like to see that I would see their desire and come to the victims with a large interest, and that I would not enter the above house for about one hour, and that I would not enter the restaurant, and that I would interfere with the business by force during the period from May 3, 2019 to May 31.

2. 재물손괴 피고인은 2019. 5. 31. 23:30경 위 ‘E’ 가게 앞에서, 피해자들이 자신을 경찰에 신고하였다는 이유로 화가 나, 피해자를 향하여 “누가 신고 했냐. 야 이 썅년들아. 너희 같은 것들은 죽어야 한다.”라고 말하면서 가게의 진열장을 발로 차 그 위에 놓여 있던 피해자들 소유의 시가 5만 원의 상당의 닭꼬치 기계를 바닥에 떨어뜨려 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act, and selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though he/she had been punished for the same or similar crime, he/she again went to commit the instant crime.

However, the defendant pays the amount of damage to the victim when committing a crime.

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