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(영문) 서울북부지방법원 2012.11.07 2012고단2619

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On June 3, 2010, the Defendant was sentenced to six months in Seoul Northern District Court for a violation of the Punishment of Violences, etc. Act (joint injury) and completed the execution of the sentence on December 2, 2010.

1. Interference with business;

A. At around 03:30 on July 2012, the Defendant interfered with the sales and calculation of the goods of the said victim by force for about 20 minutes, including: (a) around 03:30, the Defendant, at the Dongdaemun-gu Seoul Metropolitan Government convenience store, intended the victim’s employees D without any particular reason; (b) continued to be able to purchase the goods by taking a large amount of care to the said victim; and (c) having them enter the convenience store.

B. At around 03:05 on October 12, 2012, the Defendant, at the above convenience store, 03:05, viewed the victim’s horses, which open to close the door, and expressed his attitude that he saw the victim’s her hand to take her hand twice, and continued to take a large volume of sound, and obstructed the Defendant’s business of selling and calculating the goods by force for approximately eight minutes, including allowing two customers within the above convenience store.

2. On October 12, 2012, the Defendant obstruction of performance of official duties at the convenience store around 03:13, 2012 and obstructed police officers’ legitimate performance of duties regarding prevention, suppression, investigation, etc. of crimes by assaulting assaulting the said F in the patrol vehicle, which was arrested as a flagrant offender at the time of the patrol vehicle and sent to the said E police box, when the F, who was called out after receiving 112 reports by the Defendant’s obstruction of performance of duties, demanded the said F to produce identification cards to identify the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F and D;

1. Photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;

1. Relevant Article 314 (1) and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines;

1. The aggravated Criminal Act for concurrent crimes.