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(영문) 광주지방법원순천지원 2020.10.14 2020고정53
업무방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 26, 2019, the Defendant: (a) around 19:21 on November 26, 2019, the Defendant sent 50,000 won of accommodation expenses to the DNA conference operated by the victim C, but immediately thereafter, the Defendant demanded the victim to refund accommodation expenses at around 22:29 on the same day on which the female, who continued to hold the youth, went together.

Accordingly, the Defendant had already used the guest room so it is impossible for the victim to harm the refund from that time to 23:24, which interfered with the victim’s operation of the telecom by force by avoiding disturbance, such as walking the entrance door of the labr, and obstructing the victim’s operation of the telecom.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement C prepared by the police;

1. A criminal investigation report (STV images to be cut on the date of the instant case, however, the Defendant alleged that there was no abusive or disturbance. However, in light of the victim C’s specific statement and the photographs taken in CCTV supporting the victim’s CCTV, it is sufficiently recognized that the Defendant interfered with the victim’s business by avoiding disturbance, as in the facts charged, in the application of the law)

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

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

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

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