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(영문) 제주지방법원 2018.03.15 2017고정627
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On October 12, 2016, from around 23:10 to 23:30 of the same day, the Defendant: (a) expressed both desire to “E” on the ground that female employees of the said establishment do not listen to their horses at the entertainment station operated by the victim D (n.e., 57 years of age) located in Jeju; and (b) put the waiting door and the stud door door in the air room in the place of business and the 2nd door.

Accordingly, the Defendant interfered with the victim's entertainment center duty for about 20 minutes by force.

2. The Defendant damaged property at the same time and place as paragraph 1, on the grounds that paragraph 1 is the same as that of paragraph 1, and on the ground that the door door of the waiting room for female employees was opened up to 10 times, and the stud door door No. 2 was opened up to 10 times, thereby damaging the property amounting to approximately KRW 300,000,000 in the market price owned by the victim D and impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against D;

1. Each statement;

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (a copy of the list of 112 reported cases);

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. Selection of each alternative fine for punishment;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are considered all the conditions for sentencing specified in the argument in the instant case. In particular, the following circumstances are against: (a) the defendant reflects the following circumstances; (b) the defendant agreed with the victim D; (c) the defendant committed each of the instant crimes despite the fact that he had been punished several times for violent crimes; and (d) the form of violence in the instant case and the details of the applicable law

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