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(영문) 창원지방법원 통영지원 2017.10.18 2017고단1090
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] On March 30, 2016, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic laws at the Changwon District Court’s branch on March 30, 2016, and completed the execution of the sentence at the Tong Young detention center on September 29, 2016.

[2] On June 13, 2017, at around 00:10 on June 13, 2017, the Defendant: (a) discovered the victim’s wife and talked about the last day in the “D’s main room for the operation of the Victim C; (b) made the victim’s scambling, scambling, etc., which contain food on the table of the above main room; (c) scambling the table by hand; and (d) scaming the victim’s wife, and scambling the victim’s wife, thereby obstructing the victim’s main room operation by force by avoiding the disturbance for about 10 minutes; and (d) harming the victim’s main room operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on occurrence (Interference with business and violence);

1. On-site and photographs of damaged parts;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of suspect and repeated crime);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed the instant crime during the period of repeated crime; and (b) the Defendant has been sentenced to imprisonment and fines several times during the period of repeated crime; (c) on the other hand, the Defendant agreed with the victim; and (d) the Defendant reflects the Defendant’s favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., shall be determined by comprehensively taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime

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