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(영문) 수원지방법원 2018.11.28 2018고단5886
업무방해
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

On September 19, 2018, the Defendant: (a) heard the victim’s “E” house operated by the Victim C (A, F, 36 years of age) of the wife population C (E) on September 19, 2018; and (b) held the victim’s desire on several occasions, and (c) took the victim’s desire to do so. The Defendant: (a) saw the victim’s main business operation by force to avoid any disturbance, such as speaking, and thus interfered with the victim’s main business operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes governing receipts, on-site photographs, and 112 Report Processing Schedules;

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

1. Since the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the sentencing guidelines do not apply to the recruitment of the workhouses.

Considering that the Defendant committed the instant crime without being aware of the fact that he/she was punished several times for violent crimes, in particular, during the period of repeated crime, he/she committed the instant crime without being aware of the fact that the Defendant led to the confession of the instant crime, the victim is not subject to punishment for the Defendant, the degree of interference with business, etc.

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