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(영문) 대구지방법원 김천지원 2018.11.01 2018고정261
업무방해등
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On June 1, 2018, from around 16:10 on the same day to 16:30 on the same day, the Defendant: (a) was found in order to resist the number of apartment water at the D Quality Management Department office located in the Gu, Si, U.S.C. C. 105 on the same day; and (b) the victim E, an employee of the place, “asp. S. S. S. . . . . . . . .. .. .. are assigned to the victim E, who is an employee of the place; and (c) caused the disturbance to protest against it.

The victim's apartment maintenance repair receipt case by means of force, such as driving a computer monitor on a book, interfered with the "electronic service" that inputs and processes the victim's apartment maintenance repair case into a computer.

2. The Defendant damaged the property by generating a computer monitor equivalent to KRW 165,00 at the above time and at the same place as in the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and witnessF;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes of a written report on internal investigation (the attachment of photographs), - Each photograph, written report on internal investigation (related to a written estimate), - Application of written estimate;

1. Article 314(1) of the Criminal Act of the relevant criminal facts (a) recognizes the fact that the defendant has obstructed the computer service of the victim E who should use a computer by force, in light of the fact that the victim E's statement consistent with the criminal facts and the fact that the defendant himself/herself has damaged the computer monitors, etc., the fact that the defendant has obstructed the computer service of the victim who should use the computer by force may be sufficiently recognized) and Article 366(1) of the Criminal Act

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

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