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(영문) 서울동부지방법원 2012.12.14 2012고정2852
업무방해등
Text

The sentence against the accused shall be determined by a fine of KRW 1,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 9, 2012, the Defendant damaged the victim’s property equivalent to KRW 900,00 won in total at the market price of the victim’s possession, such as destroying the victim’s hair, booming the victim’s hair, booming the victim’s hair “E” operated by Songpa-gu Seoul (the age of 45) on the ground that the victim did not receive the telephone, and booming the victim’s 70,000 won or more at the market price, and booming the victim’s cell phone equipment and general telephone equipment equivalent to KRW 50,000,000 at the market price of 15:30,000,000,000,000 won in a glass window, and booming the victim’s hair, booming the victim’s hair, and booming the victim’s buck at the victim’s time, and booming the victim for approximately three weeks in need of treatment.

2. The Defendant interfered with the business, at the same time, at the same place as described in paragraph 1, and for the foregoing reasons, the Defendant expressed the victim’s hump to “whether or not he would not receive a telephone,” and laid the hump to the floor, such as television humcons, etc. located therein, thereby obstructing the victim’s beauty room business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (related to the injury diagnosis report and photographs of the upper part);

1. Relevant provisions of the Criminal Act and Articles 366, 257 (1) and 314 (1) of the Criminal Act concerning the crime (the point of causing harm), the choice of punishment (the point of causing harm), and the choice of fines) of the Criminal Act;

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

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

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

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