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Reasons
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(영문) 수원지방법원 평택지원 2019.06.05 2018고단1765
업무방해등
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, who is his legal spouse B, was dissatisfied with the work at a singing shop operated by the victim C (SP, 47 years old), and was able to find a plaque at the victim's main points.

On September 15, 2018, at around 21:11, the Defendant obstructed the victim’s business by demanding “E” singing bars located in Pyeongtaek-si D to give B, demanding the victim, who is the main music store, who was reported on the business of the said place, to put B in large voice while holding the gas room, and preventing the victim from having access to the said business place for about 20 minutes from around that time to September 25, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Data from CCTV analysis in the location of the case;

1. Application of Acts and subordinate statutes to a report on investigation (the result of a victim C currency);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as the same as the order, comprehensively taking into account the following factors: (a) the Defendant’s background leading up to the instant crime; (b) the fact that there was no specific penalty power other than the fine imposed in 2010; (c) the fact that the Defendant agreed with the victim; and (d)

Public Prosecution Rejection Parts

1. Facts charged;

A. On September 15, 2018, the Defendant assaulted on September 15, 2018 at the “E” singing shop in Pyeongtaek-si D on September 21, 2018, the Defendant, who is his/her legal spouse, stated the victim’s complaint that he/she works at the singing shop, and expressed the victim’s “he/she will mar, she would me off, she would see.” The Defendant expressed the victim’s desire to “the victim’s right-hand kick at one time with his/her hand,” and used the victim’s desire to take care of the victim’s right-hand kick at one time.

B. The Defendant’s assault on October 2, 2018 written in the foregoing paragraph.

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