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(영문) 서울남부지방법원 2014.02.12 2013고단4166

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 7, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for night building intrusion theft at the Suwon District Court, and completed the execution of the sentence in the first prison of the North North Korean territory on June 7, 2012. On December 12, 2013, the Seoul Southern District Court sentenced the Defendant to 6 months of imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court, and the said sentence became final and conclusive on the 12th of the same month.

1. On August 10, 2013, from around 22:15, to around 01:00 the following day, the Defendant: (a) intending to drink 2 diseases from the “EE store operated by the victim D located in Chungcheong-gun C; and (b) intending to take a bath to the victim and other customers in his/her place without any special reason; (c) and (d) intending to take the victim’s and other customers in his/her place, and (e) intending to take the victim’s body and other customers, thereby obstructing the victim’s main business by force, thereby obstructing the victim’s main business.

2. The Defendant attempted to leave the victim on the date, time, and place mentioned in Paragraph 1, and assaulted the victim D (the victim 38 years of age) on one occasion on the left side of the victim’s horse and drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes to photographs, such as damaged sites;

1. Articles 314 (1) and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act did not agree upon the victim during the period of repeated crimes, and there were many same criminal records. Meanwhile, equity with the case where the defendant was sentenced simultaneously with the final and conclusive judgment as indicated in the judgment, the circumstances leading to the crime of this case, method of crime, circumstances after the crime, etc. shall be comprehensively taken into account.