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(영문) 서울북부지방법원 2016.09.07 2016고단1754
업무방해
Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 14:30 on April 9, 2016, Defendants were denied the position of 302 Korea Racing Authority's Gangwon-gu branch office's Gangwon-gu, Seoul, 302, on the ground that they were the subject, and requested the victim C to make a refund.

However, the reason that the horse has already started is not a refund, but the defendant A sent a computer monitor in an information center to his hand. However, the defendant A put the computer monitor in an information center on his hand.

The defendant B was unable to avoid disturbance, such as getting off the victim, bringing an admission ticket to the victim and binging the victim.

As a result, the Defendants conspired to force and interfere with the victim's voluntary guidance and ticketing of the Korean Racing Association.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of C or D;

1. Application of the Act and subordinate statutes to investigation reports (CCTV investigation);

1. Articles 314 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the records that Defendants were sentenced to a fine for violent crime. In particular, Defendant B had a significant number of times of punishment, and Defendant A had no record of punishment more than a fine, Defendant B had no record of being sentenced to a suspended sentence of imprisonment due to a violation of the Illegal Check Control Act around 2003, and Defendant B had no record of fine or heavier punishment, except for the suspended sentence of imprisonment due to a violation of the Illegal Check Control Act, and the victims’ damage was not significant.

Public Prosecution Rejection Parts

1. Defendant B, at the time and place indicated on the above facts of the crime, committed assault against the victim D, who was the captain of the guard division of the Korean Racing Association, by avoiding disturbance as above, out of the above North Korean branch office, the victim’s face and body was taken once, and the victim’s face and body was taken several times. As a result, Defendant B committed assault by making several backs of the victim’s back depth.

2. The above facts charged constitute Article 260(1) of the Criminal Act, and the Criminal Act.

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