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(영문) 서울서부지방법원 2018.02.21 2017고단3442
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 20, 2017, around 23:55, the Defendant interfered with his/her duties: from “E convenience store” for the victim D (V, 24 years of age) working in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant continued to bring about the victim’s humiliation while under the influence of alcohol, on the other hand, even though he/she brought about it by the victim. However, even though he/she brought about it, the Defendant continued to bring the victim’s bath to the victim, and the victim’s “Is the victim who does not go against the breath of the Crith of the Crith.”

It was difficult to avoid disturbance for about 20 minutes, such as her bath, her two-time loss of calculating the above convenience point, and making the products in the place fall into the floor.

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

2. The Defendant damaged the property by leaving the victim’s 6 mobile phone in hand, which was located in the above convenience store calculation stand at the time and place set forth in paragraph 1, so that the 365,000 won of the repair cost is damaged by shouldering the 365,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on site photographs and mobile phone pictures, estimates, and CCTV closure photographs;

1. Article 314 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each selective fine for punishment (to take into account the circumstances, such as the fact that he/she reflects his/her mistake, that he/she appears to have committed the instant crime with respect to the non-child relationship of a victim, that the degree of damage is relatively heavy, that he/she has no record of punishment exceeding a fine, and that he/she has no record of being punished after 2014);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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