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(영문) 대구지방법원 김천지원 2014.01.16 2013고단1384
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 03:10 on August 17, 2013, the Defendant: (a) reported that the Victim C was drinking alcohol at “D” main points operated by the victim C in Gumi-si, Gumi-si; and (b) “the body is why you drink this drinking?” In the course of a dispute with E, the Defendant heard the bath of E, she would take the head of E into consideration at one time on his own drinking; (c) thereby, the Defendant interfered with the victim’s main business by abusing the disturbance for about 10 minutes, such as making the victim and E take a bath to avoid alcohol; and (d) obstructing the victim’s main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reports (as to attachment of business reports, etc.);

1. Article 314 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 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 is that the defendant has been sentenced to a fine and a suspended sentence of imprisonment on several occasions due to violent crimes. However, considering the fact that the defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even during the suspended sentence period, and that the damage to the victim has not been recovered, a strict punishment against the defendant is needed.

Provided, That the punishment shall be determined as ordered in consideration of all the circumstances, such as the fact that the damage suffered by the victim is relatively heavy, and the time the obstruction of business has not elapsed.

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