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(영문) 부산지방법원 2018.08.29 2018고단1595
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

[criminal record] On July 5, 2017, the Defendant was sentenced to one year of suspended sentence to a crime of obstructing the performance of special official duties at the Busan District Court, and the judgment became final and conclusive on the 13th of the same month.

[2] On March 27, 2018, at around 20:50, the Defendant: (a) had been urged by the victim D, located in Busan East-gu, to drink and return to Korea only from the injured party; (b) had other customers drink the drinking at the above kitchen; and (c) had the victim expressed a large voice with “a swaying year, a sway,” and interfered with the victim’s main shop business by force by force, such as booming the table with the two hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (to listen to the F phone statement by a shot person);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant committed the crime of this case during the suspended execution period, and that the defendant appears to have committed the same crime as the victim even before the crime of this case is committed, is disadvantageous to the defendant.

On the other hand, the defendant's attitude of breaking his mistake in depth is shown while the defendant's drinking is cut, and the record of the crime immediately before the suspension of the execution of the first head of the judgment is 2012 and the crime is not visible, and the victim and the victim do not want the punishment of the defendant are favorable to the defendant.

In the above sentencing factors, comprehensively taking account of the various circumstances, such as the defendant's age, sex, environment, etc., the sentencing of this case shall be determined as per Disposition.

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