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(영문) 서울남부지방법원 2017.11.14 2017고단3394
업무방해등
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On June 17, 2016, the Defendant was sentenced to two years of suspension of execution as a result of interference with business affairs in Seoul Southern District Court on April, 2016, and the judgment became final and conclusive on June 25, 2016, and is still under suspension of execution.

On July 2, 2017, at around 13:00, the Defendant: (a) avoided disturbance from the main point of the operation of the Victim D (V, 42 years old) located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) caused the victim D (V, 42 years old) to walk down the bottom of the wood control unit, which is owned by the victim D (V, 42 years old), so that the costs of repair under the market are damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Article 366 of the Criminal Act concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Even though Article 186 of the Criminal Procedure Act provides for a suspended sentence for sentencing, there is a lot of possibility of criticism in that the circumstances leading up to the crime are similar to those of the previous crime.

However, the extent of damage to property is minor, the damage that the defendant voluntarily damaged and restored to its original condition, the victim does not want the punishment of the defendant, the relationship between the defendant and the victim, the age, health status, and legal attitude of the defendant, etc. shall be determined as the same as the order.

Division of Non-Offense

1. On July 2, 2017, the Defendant, at around 13:00, obstructed the operation of the victim’s main points by force for about one hour, such as breathing and horse fighting at the E main points in the operation of the victim D (n, 42 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, and breathing and beering on the floor, and the victim expressed a desire to “unfasting juveniles” and breathing down the part under the part of the calculation unit of the breath of the place where the victim was unfastd and walking, thereby obstructing the victim’s operation by force.

2. Under the influence of Defendant’s assertion, the F was suffering from illness.

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