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(영문) 서울북부지방법원 2020.04.23 2019고단3786

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On August 28, 2019, at the C convenience store located in Nowon-gu, Seoul Special Metropolitan City on August 28, 2019, the Defendant: (a) took a bath that the victim D, an employee of the Defendant, would not sell the owner of the child for the reason of the Defendant’slessless electric power; (b) was displayed as if the victim D, at the call of the Republic of Korea, would have been able to go to the victim’s inside and outside of the victim; and (c) went away from the police station at around 10:50 on the same day, the Defendant avoided tobacco at the above convenience store and resisted the victim, and the victim demanded the removal, and obstructed the victim’s business operation of the convenience store by force, and by force, interfered with the victim’s business operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (C convenience point CCTV analysis);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing on probation, attending lectures, Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act was that the Defendant unilaterally imprisoned an employee under the influence of alcohol at a convenience store and tried to use violence, and even after the police called out, the Defendant obstructed the business of walking the convenience store by putting the entrance door at a convenience store.

The crime of this case was also committed by the Defendant who suffers from alcohol ozone, and the crime of this case was committed by the Defendant. On the day of this case, in addition to the convenience store of this case, there are several similar reports to the Defendant at neighboring business places, which led to the crime of exploitation. In consideration of these circumstances, the sentence of imprisonment shall be imposed, considering the fact that the Defendant is erroneous, the Defendant is receiving treatment of alcohol ozone, and there is no record of punishment exceeding the fine, the execution of the sentence shall be suspended, and the crime of this case shall be prevented.