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(영문) 창원지방법원 2020.08.27 2020고정427
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 00:10 on May 27, 2020, the Defendant obstructed the victim’s restaurant business by force by finding the Defendant under the influence of alcohol in “Dcafeteria” operated by the victim C in the window B of Chang-si, Changwon-si, and making the victim take a bath, such as “Isia and have been a guest. They are going to have a baby and a customer.”

2. The Defendant, at the time and place specified in the above paragraph 1, was the victim, who was a dangerous object on the table, but brooms and brooms were left away from the floor.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Table 112 Handling of reported cases, respectively;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs);

1. Relevant Article 314 (1) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of interference with business), the choice of fines for the crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant agreed with the victim, and that the economic situation and health are not good should be considered.

However, the Defendant committed the instant crime even though he/she had the record of criminal punishment for two years of suspended execution in October due to the obstruction of performance of official duties or the crime of bodily injury in 2017. Considering the fact that the instant crime was committed by a scambling who is a dangerous and dangerous object in another person’s place of business, and that the instant crime was committed by a scambling and dangerous object, the Defendant should be held liable with heavy responsibility.

All these circumstances, including the defendant's age, character and conduct, environment, and circumstances after the crime, are shown in the records and arguments.

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