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(영문) 대구지방법원 포항지원 2013.04.10 2012고단1507 (1)
업무방해등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, 50,000 won shall be respectively.

Reasons

Punishment of the crime

1. On September 30, 2012, the Defendant interfered with business, at around 20:20, went through a dispute with the victim D (E, 52 years old)’s “E,” which is located in B and Pohang-gu C, Nam-gu, Seoul.

The Defendant laid the cloak World Cups in a place where he had been laid on the floor, and she sawd the victim as “Chewingly reported, dead, and dead,” etc., and collected five cloaks and five sloaks from the floor to the wall.

B Even by putting a beer and cutting a beer, and breaking it, it was difficult to string the string of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings, whether the strings of the strings of the strings of the strings of the

Accordingly, the defendant and B conspiredd about about 20 minutes and interfered with the victim's danran business by force.

2. The Defendant damaged the property by gathering beer disease, etc. at the time, place, such as the date, time, and place described in paragraph (1) and destroying two walls with a total of 8,40,000 won of the market price owned by the victim D, one reinforced glass, one consignee, one storm, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

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

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

1. The circumstances favorable to the defendant include: (a) the confession of the reason for sentencing under Articles 70 and 69(2) of the Criminal Act; and (b) the victim does not want the punishment of the defendant under an agreement with the victim D; and (c) the victim is committed.

On the other hand, there are many criminal records that the defendant was punished due to violence and damage to property, and the defendant committed the crime of this case without being aware of the fact that he was in the period of probation.

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