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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3650
업무방해
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

At around 02:30 on November 29, 2015, the Defendant, at the 'C' restaurant located in Singu, Singu, B, and around 02:30 on November 29, 2015, the Defendant: (a) notified the president's telephone number; (b) requested the victim D (37, n) who is an employee of the above cafeteria to be informed of the victim; (c) but had been inside and outside the cafeteria because the victim was not informed of it; (d) and (e) interfered with the victim's affairs of management of the cafeteria for about 3 hours by avoiding the disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: In light of the motive of the crime, etc., the following factors shall be taken into account: (a) the instant case is not less complicated; (b) the crime committed during the period of suspension of execution due to violent crimes; (c) violence or insult criminal records run up to 10 times; (d) the Defendant reflects the mistake; (e) the victim’s intention is not strong; (e) the victim’s criminal records related to violence were punished by a fine in addition to one time of suspension of execution; and (e) the Defendant’s family condition and other factors for sentencing under Article 51

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