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(영문) 서울북부지방법원 2018.10.12 2018고단3201

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on June 14, 2017 by obstructing business operations on the part of the Defendant, etc., and the sentence became final and conclusive on June 22, 2017, and is still under the suspended sentence.

[Criminal facts]

1. On July 20, 2018, from around 11:00 to around 16:20, the Defendant obstructed the victim’s convenience store management duties by force, such as putting the victim’s convenience store in Dongdaemun-gu, Seoul, with the victim’s E convenience store operated by the victim D, saying, “I will not sell to the party with alcohol and internal arms.” The victim ran the victim’s end, and “I am bling the victim, I am the victim’s end,” and “I am bling the drinking, I am “I am bling, I am bling, I am” with a large voice, and am bling the inside of the convenience store, and interfered with the victim’s convenience store management duties over 5 hours and 20 minutes.

2. On July 27, 2018, around 12:18, the Defendant injured the above convenience store business owner prior to the E convenience store calculation team as indicated in paragraph (1) of this Article, with the words “I am satching the meat at home, and thrown away, and 2 years away at home,” and with the Defendant’s back, I am satching from the Victim F (31) who was waiting for tobacco fraud, the convenience store user, who was waiting for tobacco fraud.”

“Along with the victim’s face at one’s own drinking, the victim’s face was sold at several times, walked several times due to the victim’s body, walked the victim’s body continuously following the victim’s escape, walked the victim’s body several times, and met the victim’s face by drinking the victim’s face. In short, the victim suffered injury, such as a b2-day surgery, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F or D;

1. A victim and on-site photograph;

1. 112 A list of reported cases;

1. Investigation report (Submission of a written diagnosis of injury to a victim);

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (the fact-finding reports during the period of probation).