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(영문) 수원지방법원 성남지원 2015.10.21 2015고단1642
업무방해등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On August 11, 2015, from around 02:00 to around 02:20, the Defendant obstructed the Defendant’s business, on the ground that the “Eju store” operated by the victim D (the victim 40 years of age, women) in the Sungnam-si C Underground Base-gu, Sungnam-gu, Sungnam-gu, would not sell the alcohol to the Defendant, the Defendant expressed the victim “Ispath, spath, and frith of the same year, frith, frith of the same year, frith of the same year, frith of the frith, frith of the same year,” and expressed the victim’s desire to “Ispath of the frith, frith of the same year, frith of the frith of the same year,” and, by force, the Defendant

The main business was hindered.

2. On August 11, 2015, at around 02:25, at the place specified in paragraph (1), the Defendant damaged the victim D (the 40-year-old) by putting the entrance door at a spouting point, thereby making it impossible for the Defendant to enter it into a spouting point. As such, the Defendant damaged the lower right side of the right side of the victim by cutting off the entrance door, and making it difficult for the victim D (the 40-year-old) to take it away from the spouting point.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and selection 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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a crime during the period of suspended sentence for sentencing under Article 334(1) of the Criminal Procedure Act. A large number of criminal records are disadvantageous to the defendant. However, the defendant promises to engage in his/her occupation when he/she is detained for three months, and thus, he/she is released. Compensation for damages, the victim does not want the punishment of the defendant, and if he/she excludes the dismissed intimidation, it is difficult to view that there is a significant damage caused by the crime, and there is no calendar force.

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