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(영문) 수원지방법원 2015.06.25 2015고정1190
업무방해등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On January 23, 2015, at around 08:10, the Defendant obstructed the victim’s convenience store business by force by leaving the victim’s convenience store business by harming the victim’s convenience store business by putting the victim’s disease on the floor, which was placed on the calculation unit on the ground that the victim sold the cattle to the Defendant’s children who are suffering from alcohol addiction, on the ground that he sold the liquor to him.

2. 폭행 피고인은 위 제1항과 같은 일시, 장소에서 D에게 욕설을 하면서 소란행위를 하는 것을 점포 관리차 방문한 편의점 본사 직원인 피해자 F(30세)가 제지하였다는 이유로 위 피해자의 오른쪽 뺨을 핸드폰을 손에 쥔 채 1회 세게 때리고, 발로 다리를 3회 걷어차고, 계속하여 이를 말리는 피해자 D의 오른쪽 어깨를 핸드폰을 손에 쥔 채 4회 내려치고 팔을 잡아 흔드는 등 피해자들을 각 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. A criminal investigation report (CCTV image verification report);

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of fines for the crime; Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) although the defendant did not agree with the victims, he/she committed a crime closely and repeatedly; (b) he/she committed a crime by purchasing alcohol at the convenience stores in its holding that he/she suffers from alcohol respect; and (c) he/she committed a crime by reducing the amount of fine prescribed by the summary order by partially reducing the amount of fine prescribed by the summary order, taking into account the fact that he/she lives as a recipient of basic pension at the age of the aged.

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