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(영문) 수원지방법원 2017.09.15 2017고단3297
업무방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[criminal records] On September 24, 2015, the Defendant was sentenced to a suspended sentence of two years on October 2, 2015, for obstruction of business by the Suwon Friwon, and the judgment became final and conclusive on October 2, 2015.

[2] The Defendant: (a) at the convenience store located in Heung-gu, Young-gu, Young-si, 2016, the Defendant, on the ground that the victim D, an employee of the above convenience store, did not properly remove the waste outside of the above convenience store, “It was so why the waste was dumped.”

“Along with the victim’s convenience store business through the threat of 10 minutes, the victim could not enter the convenience store by emphasizing the disturbance, such as passing noise, and thus interfere with the victim’s convenience store business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Investigation report (to hear statements made in victim D);

1. Recording recording recording recording recording;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of facts and previous convictions in the period of probation), and application of Acts and subordinate statutes attached to judgments;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 of the Criminal Act, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished six times for the same kind of crime.

Among them, the suspended sentence of imprisonment is sentenced by the judgment on the record of crime in the judgment of the court, and the crime of this case was committed during the suspended sentence even though it was punished by a fine of 2 million won as it was committed during the suspended sentence.

In this regard, it seems that the effect of punishment cannot be expected unless the punishment is imposed on the defendant's body.

However, there are various circumstances, such as the fact that the sentence of imprisonment is somewhat excessive even if the degree of force used for the instant crime or interference with business is minor and thus, the sentence of imprisonment is imposed during the period of suspension of execution, and the fact that the Defendant led to the confession of and reflects on the instant crime.

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