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(영문) 수원지방법원 평택지원 2017.07.19 2017고단1210
업무방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 5, 2017, from around 13:50 to 14:20 of the same day, the Defendant, without any justifiable reason, expressed the victim’s “E” clothes operated by the victim D in Pyeongtaek-si (E), with a large amount of hump, “hump, feling off,” and, without any reason, obstructed the victim’s business by force by neglecting the victim’s eviction request, such as acting as the victim’s hand, and preventing the customers who had come to the above clothes by avoiding the disturbance of about 30 minutes, from entering the said hump., thereby obstructing the victim’s business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (report on results of telephone conversations of a victim);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant committed the crime without being well aware of the fact that he committed the crime even during the period of the same repeated crime; the crime related to violence; the punishment of imprisonment, suspension of execution, and fines has been several times of punishment: confession, reflectivity, and consent with the victim; the degree of interference with the business of the defendant is relatively not more severe; and the circumstances are to be taken into account in the course of the crime in this case: The defendant's age, family relation, etc. is to be sentenced to a fine of not less than 7,00,000 won. It is so decided as per Disposition.

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