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(영문) 서울북부지방법원 2017.04.13 2016고단5370
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On October 30, 2016, the Defendant: (a) entered a “D” drinking house working for the victim C (23 taxes) located in Jung-gu Seoul Metropolitan Government on October 30, 2016; (b) opened the entrance door of the said drinking house by cutting off the entrance of the said drinking house; (c) opened the tent outside the said drinking house; and (d) opened the tent for the victim who restrains the drinking house; and (c) led the said 20 minutes of a disturbance, and caused the said customers to take the drinking house in the said drinking house.

Accordingly, the defendant interfered with the victim's drinking house management work.

2. The Defendant damaged the property by making the disturbance take place at the above time and at the above place, and by making the wooden rail support unit of the above drinking house, the Defendant damaged the Non-repair of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation reports (to telephone conversationss of victims) and investigation reports (to attach photographs to damaged photographs);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the selection of fines for a crime;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The defendant has been punished for the same kind of crime.

- A favorable circumstances: The Defendant was committing the instant crime, and the Defendant was in depth divided.

- by contingency the commission of the instant offence. - The degree of damage is not much serious.

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