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(영문) 광주지방법원 2016.06.30 2016고단1636
업무방해
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On April 28, 2016, from around 00:00 to 00:20, the Defendants expressed a large voice to the effect that the card payment should not be prompt from “D” located in Gwangju Mine-gu, Gwangju, Defendant A, who is a female employee of the above dental house, expressed a large voice to the victim E, who is a female employee of the above dental house, “this smoking year, she shall do so,” and Defendant B, together with Defendant B, shall extract the snow color from “F,” who is an employee of the male worker.

In doing the bath of “,” etc., the said victim’s shoulder and face was sealed so that approximately 20 minutes of the disturbance could be avoided, and the said victim would be able to drinkd with drinking alcohol at that place.

As a result, the Defendants conspired to interfere with the victims' work-related business.

Summary of Evidence

1. Statement by each of the defendants in court;

1. Application of the F and E respective Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 314 (1) of the Criminal Act (Selection of Penalty)

1. Defendants to be detained in the workhouse: The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendants did not agree with the victims until now; Defendant A was punished several times due to violent crimes; Defendant B is currently under suspension of the execution of embezzlement.

On the other hand, Defendant A has no record of fine or heavier punishment, and Defendant B has no record of punishment other than that of the above criminal punishment, and the fact that Defendants are going against their own crime and not to repeat the crime is favorable.

In such normal relation, in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendants’ age, sex, environment, health condition, circumstances after the commission of the crime, etc., the punishment as ordered shall be determined.

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