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(영문) 창원지방법원 통영지원 2017.07.13 2017고단581

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 11, 2017, the Defendant visited the victim C at the convenience store operated by the victim C at a shower B on March 11, 2017, to take a trial fee, and for the said reason, the Defendant obstructed the victim’s convenience store business for a period of approximately one hour by force by having other customers unable to calculate goods, by taking the victim’s desire, such as “the victim,” who finds out the convenience store outside the convenience store for the victim, and “the victim,” who was in the presence of the Kabter, shall be “the feas, fins, and fins,” and “the victim, at the convenience store.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report and internal investigation report (CCTV image attachment);

1. Grounds for sentencing under Article 314 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] shall interfere with the business affairs, and the basic area (referring to six months to one year and six months) (the scope of the recommended punishment) shall be without any special sentencing range;

2. Determination of sentence has the history of criminal punishment several times for the same crime, and among them, the crime of this case has been committed even though the execution of imprisonment was suspended, and the defendant does not seem to repent his mistake in the court, the victim's punishment is desired, the defendant's age, sex, environment, circumstances leading to the crime, means and results, and the circumstances after the crime, etc. shall be determined by taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the punishment conditions under Article 51 of the Criminal Act.