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(영문) 대구지방법원 2014.04.17 2014고단916
업무방해
Text

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

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

Reasons

Punishment of the crime

On January 13, 2014, at around 20:25, the Defendant: (a) under the influence of alcohol to the victim C (the age of 45) located in Daegu Jung-gu, Daegu-gu, the Defendant interfered with the victim’s convenience store business for approximately 20 minutes by force by selling goods to customers without using convenience room toilets from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of C’s written laws and regulations

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished several times for violent crimes, he/she again committed the crime of this case, there is an unfavorable circumstance against the defendant, such as the fact that the defendant committed the crime of this case even though he/she had been punished several times, the defendant committed the crime of this case. However, the degree of damage is minor, and the victim has agreed with the victim, all these circumstances are favorable to the defendant. Such circumstances include the motive, circumstance, means and method of the crime of this case, circumstances before and after the crime of this case, the defendant's age, character and behavior, career, and environment

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