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(영문) 서울중앙지방법원 2017.11.23 2017고단6029

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From around 01:25 to 01:45 on August 22, 2017, the Defendant: (a) under the influence of alcohol from the “E convenience store” of the victim D’s operation in Gwanak-gu in Seoul Special Metropolitan City, the Defendant: (b) caused the victim F (31) who was an employee of the Defendant to restrain it from drinking at the cooling house; (c) caused the victim F (31) and the vision; (d) caused the Defendant’s heavy noise, which is a dangerous object of the victim’s bruting, “F flick and flick flick flick flick flick flick flick flick flflfld; and (d) prevented customers, who were trying to use the disturbance, such as flick flflfndd, from

Accordingly, the Defendant interfered with the convenience store business of the victim D by force, and assaulted the victim F with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation);

1. Relevant provisions of the Criminal Act and Articles 314(1), 261, and 260(1) of the Criminal Act concerning the facts constituting an offense and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and Article 62-2 of the Act on the Medical Care and Custody, etc. is several cases where the defendant was punished as violent crimes, and in particular, the defendant was sentenced to a suspended sentence of six months due to the fact that he was the head of a person due to a small-scale illness in 2015, and the crime was committed again in the same way as a certain amount of money.

There is no other agreement with the victim or measures for the recovery of damage.

On the other hand, however, the fact that the defendant led to the confession of the crime and the mistake is divided, the problem of bringing the loss to the damaged employee and the damaged employee was pushed ahead of the damaged employee, which seems to have been caused by contingent illness, and the victim's alcohol dependence is shown.