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(영문) 대구지방법원 상주지원 2018.08.21 2018고단92
업무방해
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, on March 29, 2018, within the “E” radius operated by the victim D (38 tax) located in Bocheon-gun C around 15:00, 2018, whether the Defendant, who was going to go through due to an extension of the time with his/her employees, would go to b, and “I will go to go to the night.”

It was difficult to avoid a disturbance for about 1 hour and 30 minutes due to the large sound, such as continuing to walk an elevator with the location of the elevator, and continuing to walk the elevator so that the elevator does not work properly.

Accordingly, the defendant interfered with the victim's mother business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made in relation to D, F and G;

1. Application of Acts and subordinate statutes on internal investigation reports (No. 9 of the evidence list);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to imprisonment with prison labor for one year on the grounds of the crime of inflicting bodily injury and the crime of violating the Road Traffic Act in 2015, and was sentenced to imprisonment with prison labor for one year on the grounds of a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) around 2016, but was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (licensed driving). However, the Defendant again committed the instant crime for more than one year.

The above is considered as an unfavorable circumstance.

However, all defendants recognize crimes and reflect their depth.

In the victim's side, the defendant was the defendant's wife.

Elevators are also working properly without any particular repair.

Defendant did not use violence directly or indirectly against a person in the process of interfering with work.

The circumstances favorable to the above points shall be considered in light of the circumstances.

In addition, there is room for future improvement in light of the fact that the defendant is young age and the defendant's legal attitude.

This is the first crime committed after the sentence was imposed, and the arguments and records of this case are shown.

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