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(영문) 창원지방법원 2017.01.13 2016고단4043

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2016, at around 22:40, the Defendant, “D convenience store” in Kimhae-si, operated by the Victim B (38) on September 29, 2016, on the ground that the Defendant prevented the Defendant from smoking or drinking alcohol at the convenience store the Defendant at the convenience store, smoking tobacco at the convenience store, and drinking cans, the Defendant saw the Defendant to “dum bitch” and “dum bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and spreaded the beer and fruit remaining over the table.

Since then, the defendant entered the convenience store to gather cans and beer, and the victim can not sell if he gets involved in the cans.

"Along with the great sound of the victim, it was difficult to avoid disturbance between 20 minutes, such as the cans, 3 to 4 cans, the cans, and the can cans with theme.

Accordingly, the defendant interfered with the victim's convenience store business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is a previous conviction of a fine for a different species between the past ten years, the degree of damage is not significant);