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(영문) 대구지방법원 2016.08.10 2016고단2068
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 19, 2016, at the “E” restaurant operated by the victim D in Daegu Suwon-gu, Daegu-gu, the Defendant: (a) obstructed the victim’s restaurant business by force by: (b) under the influence of the F, an employee of the said restaurant, “C knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb k

2. The Defendant violated the Punishment of Violences, etc. Act (e.g., a person committing an act of violence) carried a deadly weapon, which might be used for violent crime without justifiable grounds, by breaking the knife of the knife (the total length of 55cc and the knife length of 40cc) carried in the above restaurant at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. The application of investigation reports (unfindingd, etc. of deadly weapons), investigation reports (with respect to knife blades carried by the person under consideration), investigation reports (verification of CCTVs at E-cafeterias), investigation reports (F statement hearing), and statutes;

1. Article 314 (1) of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act concerning a crime;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had been committed by the Defendant, committed each of the instant crimes even though the Defendant had much been punished for violent crimes.

In particular, on January 6, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint intimidation) at the Daegu District Court on January 6, 2015 and the said judgment became final and conclusive on October 24, 2015, and committed each of the instant crimes during the period of suspension of execution.

In addition, in light of the risk of the crime of this case, the nature of the crime is not absolute.

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