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(영문) 창원지방법원 2013.08.27 2013고정22
업무방해등
Text

1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 29, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Changwon District Court on May 24, 201, and its judgment became final and conclusive on May 24, 2012, and on August 24, 2012, the Changwon District Court sentenced six months of imprisonment with prison labor for obstruction of business and four months of imprisonment with prison labor, which became final and conclusive on January 31, 2013.

1. On May 13, 2012, at around 08:55, the Defendant violated the victim’s residence by entering the said house through the entrance door, which was not corrected due to alcohol, and claiming tobacco from the victim’s house.

2. From May 13, 2012 to 22:30 on the same day on May 13, 2012, the Defendant threatened the victim by pointing out that, at Franchisium operated by the victim E of the first floor above D (the age of 46) at the window of Changwon-si, the Defendant was franchising the disturbance on May 12, 2012, the Defendant received a disposition of notification of the ordinary crime as a drinking disturbance from the G police box, and then, by stating that “I am dead, I am dead, I am dead, I am dead, I am dead, I am dead, I am dead, and I am dead, and I am dead.”

3. The Defendant interfered with the business of the victim by force for about 40 minutes, such as: (a) the Defendant took a bath in a large sound at the same time and at the same place as the above (2); (b) the customers who were in the place, feel uneasy and let them grow at the place; (c) thereby obstructing the victim’s main business.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of C and E;

1. A list of reports on investigation (112 for receipt, etc. of reports on crimes), 112 for receipt of reports on crimes;

1. Previous records: Inquiries, written applications for changes in indictments, written applications for changes in indictments, copies of rulings, and the application of Acts and subordinate statutes to search a Konet case;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 314(1) of the Criminal Act, the choice of fines for the crime;

2. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes

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