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(영문) 수원지방법원 평택지원 2014.01.23 2013고단1514
업무방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On November 13, 2013, the Defendant interfered with business: (a) around 10:20, the victim C operated in Pyeongtaek-si B; (b) the victim expressed the victim’s bath to the victim, who calculated the value of the main disease; (c) it was defective that the victim calculated the value of the main disease; and (d) it was so doing; (c) approximately 10 minutes of the flab; and (d) flabing the flab’s business by force.

2. The Defendant violated the Punishment of Minor Offenses Act: (a) purchased 2,200 won of the market price from the victim C at the time and place specified in the above 1.1.3; (b) purchased 2,200 won of the market price from the victim C; and (c) did not make a statement that “the victim would later make a demand for the payment.” (c) left 1 soldier, namely, i.e., e., he left with the remainder of one disease.

Accordingly, the defendant did not receive a value without justifiable reasons after eating food sold by others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of view and the selection of fines);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Although severe punishment is required in light of the fact that a defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act committed the same crime even though he/she had the record of punishment several times for the same crime, the defendant's recognition of the crime and reflects the fact that the defendant agreed with the victim, etc., and the defendant's age, occupation, family environment, and criminal records, etc., the suspension of execution shall be imposed on the crime of interference with business under the condition of community service order.

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