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(영문) 의정부지방법원 2018.04.12 2017고단4817
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, on September 3, 2017, at the main point of 'D' operated by Li Government-si B (n, 46 years of age) of Li Government-si B (n, 46 years of age) operated by Li Government-si C, provided “Ig, Igh, Igh, Igh, Igh, Ign, Ign, Igh, Ign, Ign, Ign, Ign, Ignish, Ignish, Ignish

In order to avoid disturbances over about 30 minutes in the middle of 30 minutes, such as intending to throw the Council member in his/her hands, the Court interfered with the business of the victim's main store by force.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, under the conditions below a fine of three million won.

Unfavorable circumstances: Circumstances favorable to the fact that there are many violent crimes: The confession of the crime in this case and the part dismissing the prosecution that the victim did not want the punishment of the defendant.

1. The summary of the facts charged is as follows: (a) the Defendant, at the time, at the time and place of the facts constituting the crime, was committing the crime and, at the same time, at the victim B (V, 46 years old) who was the owner of the business, went out of

The reason was that the victim was strokeed by his hand, and the victim was strokeed.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

B. On March 27, 2018, after the prosecution of this case, submission of a written agreement to the effect that the injured person does not wish to punish the defendant.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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