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(영문) 창원지방법원 마산지원 2019.05.09 2019고정51
업무방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 18, 2018, at around 01:20, the Defendant: (a) expressed that the Defendant continued to sing and singing at the D shop operated by the third-class victim C (the third-class) of the building in Changwon-si B, Changwon-si; (b) expressed an employee E (the age of 39, the age of 41) will stop; and (c) expressed an employee E, “if the weather is so, he does not reach the drinking value; and (d) interfere with the victim’s main business by force, such as fluencing the disturbance, such as fluencing two customers on the table, and gathering one bed and fluenc in the table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to a report on investigation (as to the confirmation of the criminal scene and the closure of a photograph of the criminal scene);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant was punished by a fine due to a similar crime in the past, has committed the instant crime.

The victim did not receive proper apology or recovery from damage.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the age, character and conduct, environment, circumstances after the crime, etc. and all the sentencing conditions shown in the pleading.

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