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(영문) 의정부지방법원 2018.11.07 2018고정754
업무방해
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 December 22, 2017, the Defendant 22:10 on December 22, 2017, the 2018 Gocheon-si B Victim C (n, 51 years of age) said employee, “D”, on the ground that the victimized person in Mari-si saids that he was unable to receive alcohol from the Defendant, would not be why the Defendant would have been able to bring about money.”

“Abrupted with a large voice, and interfered with the victim’s friendship or affairs for about 20 minutes by force, such as breaking his/her cell phone by gathering and destroying his/her mobile phone.

2. On June 16, 2018, the Defendant 2018, 1157, the Defendant: (a) taken a bus in front of a bus stop operated by the victim E on a bus No. 138 operated by the victim E at the bus stop located at the time of the government-run city around 15:00 on June 16, 2018; (b) took a brine, spite, or spit the head out of the train, and obstructed the operation of the bus by force of the victim for about 20 minutes, such as running a boome, “A fome of this bitch, bitch bitch bitch bitch,” and she spited the victim, thereby interfering with the operation of the bus by the victim, by force, among approximately 20 passengers and the victim.

Summary of Evidence

"2018 High 754"

1. Statement by the defendant in court;

1. C-Written Statements (Simplified) 2018, 1157;

1. Statement by the defendant in court;

1. E statements;

1. Application of Ctv Video Acts and subordinate statutes

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (Selection of a punishment penalty);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act committed a crime of interference with the same case by a defendant for a short period of up to six months, and the defendant was sentenced to a fine of up to 500,000 won on September 26, 2013, a fine of up to 120,000 won on November 14, 2013, and a fine of up to 2 million won on March 16, 2018, and in particular, the defendant committed a same crime on June 16, 2018, which was sentenced to a fine of up to 200,000 won on March 16, 2018 without any reflection and self-esteem.

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