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(영문) 서울남부지방법원 2019.06.12 2019고단842

업무방해

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

On December 27, 2018, around 19:41, the Defendant: (a) expressed the victim’s name at “D convenience store” operated by the victim C (year 37) located in Gangseo-gu Seoul Metropolitan Government, but, on the ground that the victim did not receive it, expressed the victim’s expressed that “the victim was not able to engage in a proper funeral service, she should not be able to do so, she should be able to engage in a proper funeral service; and (b) expressed the victim’s desire to undergo a disturbance for about two minutes.”

On the ground that the Defendant continued to go out of the diving convenience store, and the victim did not go to go out of the tobacco 1, the Defendant was unable to satis for about six minutes by taking out the satisf (12 cm in total length, 5 cm in knife) from the satf, and committing the act in violation of the satfe in the face of the said tobacco knife, and not taking the satfe in the victim’s satfe, and satisf, with the view that the satfe would have been good because the satfe would have been good because the satfe would have been good.”

Accordingly, the Defendant interfered with the victim's convenience store operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes to a investigative report (to confirm and to close CCTV images);

1. Relevant Article 314(1) of the Criminal Act concerning facts constituting an offense, Article 314(1) of the Criminal Act of the choice of punishment, and circumstances favorable to the sentencing of imprisonment: the defendant recognizes a crime, and the victim does not

D. Unfavorable circumstances: The defendant took a bath at a convenience store in a large manner and obstructed the victim's business by being against the cigarette knife, etc.; in light of the criminal behavior and the tools used, etc., the defendant is highly dangerous and the nature of the crime is not good.

In 2016, the defendant was sentenced to a suspended sentence for murdering and attempted murdering, and was not aware of the crime during the suspended sentence.

In particular, during the period of the suspension of execution, he/she shall be punished by imprisonment with labor for the first instance.