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(영문) 의정부지방법원 2013.10.02 2013고정1592
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 12:30 on December 7, 2012, the Defendant: (a) expressed that, within D general restaurants operated by the victim C, which is located in the Gyeonggi-si-si, Gyeonggi-do, the Defendant: (b) expressed that “I will scam to scam any scam,” and (c) took scambling to the said employee on the ground that E scamscams, while avoiding disturbance, the Defendant interfered with the victim’s business by force over three occasions, such as 13:40 and 14:50 on the same day after the date when the said victim left the said restaurant on the part of the said employee on which he reported the defect; and (b) sought again in the said restaurant, and thereby interfered with the victim’s business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E, F and C;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment amount as above shall be determined by comprehensively taking into account the following factors: (a) the fact that the defendant was committed when and against the fact that the defendant was committed; (b) the defendant did not want the punishment of the defendant by agreement with the victim; and (c) the means and result of the instant crime; and (d) the means and result of the instant crime;

It is so decided as per Disposition for the above reasons.

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