(영문) 창원지방법원 2016.11.24 2016고단2696

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(영문) 창원지방법원 2016.11.24 2016고단2696

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 2, 2016, from around 17:00 to 18:00, the Defendant got the victim C’s “Dju shop” operated by the victim C at the window B of Changwon-si, and obstructed the victim’s heading business by force by force, such as: (a) putting alcohol on the floor; (b) laying the table in hand; and (c) putting the customers who drink in another table; and (d) making them out of the outside.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 has a history of having been subject to criminal punishment several times for violent crimes, and on April 14, 2016, the Changwon District Court sentenced two years to a suspended sentence of imprisonment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Changwon District Court for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., but the crime of this case was committed, a serious punishment should be terminated in light of the fact that the defendant committed the crime of this case: Provided, That in this court, the prior action of a fine shall be taken into account the fact that the defendant agreed to do so smoothly with the victim and that he would not repeat again

b)In full view of the Defendant’s age, character and conduct, home environment, motive and circumstances of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

참조조문

유사 판례

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