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(영문) 광주지방법원 2020.12.23 2020고단5436
업무방해
Text

The sentence against the accused shall be 5,000,000 won.

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

Reasons

Punishment of the crime

Around 07:10 on October 9, 2020, the Defendant: (a) boarded a victim C (Nam, 59 years of age) apartment in the vicinity of the Gwangju-gu, Gwangju-gu in order to return home while drinking alcohol; and (b) arrived at the entrance of the apartment in the Gwangju-gu, Gwangju-gu, the Defendant’s residence at around 07:20 on the same day; (c) the Defendant’s cell phone was dry-in to the victim; (d) the victim told the victim to “whether it is necessary to find out that it would be impossible to do so,” and (e) the victim’s police officer, upon receiving the victim’s report, expressed that “if the taxi license is not posted, it would vary if the taxi license is not set up; and (e) the police officer failed to return home several times, but refused to get off the taxi, refused to get off the taxi, and obstructed the victim’s business by force for 10 minutes of business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of C’s written laws and regulations

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered in consideration of the overall sentencing conditions revealed in the arguments and records of the instant case, including the fact that the Defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime, the fact that the Defendant agreed with the victim, the fact that the Defendant led to a confession and reflect on the crime, the Defendant’s age, and the record.

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