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(영문) 서울남부지방법원 2018.04.13 2017고단3705
업무방해
Text

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

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

Reasons

Punishment of the crime

On April 24, 2017, around 00:07, the Defendant sought to purchase tobacco at the D convenience store managed by the victim C, which was located in Seosan-si B.

The Defendant, “oldly aging and aging,” and flaged with the finger, and flaged by the Defendant, and the victim’s “humbk to die and throw away.”

“A public bath,” such as “A public bath.

The Defendant, while intending to smoke tobacco in the convenience store, was prevented from being damaged by the victim, and tried to keep the victim out of the calculation stand, while putting the victim’s desire to “a separate growth.”

The Defendant: (a) sought from the injured party to return home from the injured party; and (b) expressed the victim’s desire to “the year 10 years 1.........................................................., the Defendant

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. C’s statement;

1. Application of Acts and subordinate statutes to fire-proof reports ( CCTV images at DNA convenience points);

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

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

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act requires consideration of the number, content, and frequency of the instant crime, the criminal records of the Defendant, etc. However, considering the details of the instant crime and the victim’s degree of excessive response, the sentence identical to the disposition is imposed by comprehensively taking into account all the factors indicated in the records, including the Defendant’s age, sex, criminal conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime.

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