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(영문) 대전지방법원 2018.08.10 2018고정374
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On October 2017, the Defendant destroyed the property owned by the victim C, which was operated by the victim C, in Seo-gu Daejeon, Daejeon, on the ground that the injured party did not want to do so, the Defendant destroyed the property owned by the victim, by separating the table table and bridge equivalent to KRW 300,00 in the market price of the sing room 2 in his/her hand, on the ground that he/she did not want to do so.

2. On December 21, 2017, the Defendant obstructed the victim’s operation of singing rooms by force by avoiding disturbance for about one hour at the same place as around 18:10 on December 21, 2017, on the ground that singinging employees E does not want to do so.

Summary of Evidence

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to reports on internal affairs;

1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of causing damage to property and the choice of fines) concerning facts constituting an offense; and Article 366 of the Criminal Act (the point of obstructing duties and the selection of fines);

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 sentencing of Article 334(1) of the Criminal Procedure Act does not reflect the fact that the defendant with reasons for the sentencing of the provisional payment order does not reflect the fact that he/she has been punished several times and repeats the crime in the same kind of crime. Considering the favorable circumstances such as the defendant's environment, motive, means and consequence of the crime, and circumstances after the crime, the punishment is determined as ordered by comprehensively considering various sentencing factors as shown in the argument of the instant case, such as the defendant's environment, motive, means and consequence of the crime, etc.

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