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(영문) 광주지방법원 2016.02.18 2015고단4836

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for four 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

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor by obstructing the performance of official duties at the Gwangju District Court on October 11, 2012, and was 19 times of violent force.

[Criminal facts]

1. On November 15, 2015, around 10:42 on November 15, 2015, the Defendant was a victim C (n, 20 years of age) of the victim C (n, and 20 years of age) located in B in the Nam-si, Nam-si, Seoul, on November 15, 2015, and sought answers from the victim that the victim would be crypted and that the victim would be caught by the victim even though the crypt was anywhere, and there was no brush to the effect that the Defendant would have caused the damage.

D. The Defendant 1 was unable to avoid disturbance for about 10 minutes due to a large sound, such as taking a bath, gathering a chickens, etc.

Accordingly, the defendant interfered with the victim's convenience store management by force.

2. 2015. 11. 15. 11:55 경 범행 피고인은 위 1 항과 같은 날 11:55 경 같은 장소에 다시 찾아와, 위 피해자에게 포장된 치킨을 보여주며 ‘ 이 새끼야 내가 뭘 잘못했냐,

B. There is no previous conviction and self-conscept, it means a high sound, and the victim was satisfed with a disturbance for about 15 minutes, such as fingers.

Accordingly, the defendant interfered with the victim's convenience store management by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Statement protocol to E by the police;

1. A C statement;

1. Report on the occurrence of a suspected crime that interferes with the business, report on the internal investigation of site photographs, and report on the internal investigation of the ctv video reading (the No. 1, 3, 6 of the evidence list);

1. Previous records: Application of inquiry, inquiry, investigation report (Attachment to the previous decisions) and Acts and subordinate statutes;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the Act on the Suspension of Execution (the scope of the recommended sentence] of the Article 62(1) of the Criminal Act, where the mitigation area (one month to eight months), the degree of power and deceptive scheme, or the degree of interference with business is minor, the punishment for multiple offenses is final.