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(영문) 대전지방법원 천안지원 2018.07.03 2018고정351
업무방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 14, 2016, around 15:38, the Defendant obstructed the examination and treatment business of the above hospital by avoiding disturbance due to the fact that he waits for the order of priority to undergo medical treatment while leaving 2-3 times a waiting for the order of priority for five-story dental hospitals at a university of the Republic of Korea, which are located in 119, according to the Southern-gu, Nam-gu, Namcheon-gu, Seoul., the Defendant damaged the above hospital to interfere with the medical treatment business of the above hospital, and at the same time, damaged the glass which is owned by the above hospital to have approximately KRW 1.5 million, without repairing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on evidentiary documents related to complaint;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, even though the Defendant had been punished several times due to various violent acts, such as the crime of destroying property, etc., committed the instant crime.

However, the defendant recognized his mistake and is in profoundly against himself.

After filing a prosecution, all the amount of damage agreed upon to the victim was paid.

In addition to this, the defendant's age, sex, environment, circumstances of crime, and circumstances revealed in the trial process shall be determined as follows.

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