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(영문) 서울서부지방법원 2017.11.24 2017고정1178
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, around 05:00 on December 11, 2016, sought tobacco from the victim F (son, 36 years of age) of convenience store management personnel in Seodaemun-gu Seoul, Seoul, for the reasons that the Defendant refused to calculate the tobacco value by failing to calculate the tobacco value, assaulted the victim who was flicking the victim’s face and flicking the victim’s face. On the part of the victim, the Defendant flicked the victim, and flicked the victim “I flick, spacked the flick, spacked the victim.”

The victim interfered with the victim's convenience store business and management by force for about 15 minutes from around that time to around 05:15 of the same day, such as that the victim was unable to flickly in the manner of destroying the convenience store goods by sound and the convenience store goods by means of a large sound, which is "to flick," and thus preventing the victim from managing the convenience store.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Extraction photographs of CCTV images, and CCTV video recording;

1. Application of the statutes governing the arrest of flagrant offenders;

1. Article 260 (1) and Article 314 (1) of the Criminal Act (the point of violence) and Article 314 (1) of the same Act concerning the facts constituting an offense and the selection of each fine;

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

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

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

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

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