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(영문) 대구지방법원 2016.11.11 2016고정1152
업무방해등
Text

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

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

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

1. From March 26, 2016 to around 11:30 on the same day, the Defendant obstructed the Defendant’s legitimate duties by force on the part of the victim, on the ground that: (a) from around 11:57 on March 26, 2016, the Defendant demanded to pack food remaining after drinking in a cafeteria operated by the victim D; and (b) demanded to pack the remaining cafeteria, but the victim demanded to pack the remaining lid; and (c) did not pack the illness.

2. Special intimidation: (a) at the above temporary location, the Defendant took a bath to the victim D on the ground that the victim’s lid lid is not locked; and (b) threatened the victim with an infectious disease, which is a dangerous object on the tables.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Each legal statement of witness D and F;

1. Application of the law to field photographs [the defendant's act is merely a legitimate act because he/she presented the victim's attitude that was infinite and infinite, but it cannot be viewed as a justifiable act in full view of all the circumstances, such as the background of the crime of this case acknowledged by the above evidence, the defendant's speech at the time, and the circumstances after

1. Relevant Article 314(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of each fine for the crime, the relevant provision of the Criminal Act, the choice of a penalty, and the choice of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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