beta
(영문) 창원지방법원 진주지원 2018.03.07 2017고단1225

업무방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On November 29, 2017, the Defendant: (a) around 21:35, at the “D convenience store” operated by the Victim C in Sacheon-si B, the Defendant: (b) found the above convenience store on the ground that the victim, who was a de facto marital relationship in the past, did not take the part of himself; and (c) made the products de facto de facto marriage more than the convenience store display stand in his hand, and made the customers get out of the room for about 10 minutes, such as: (a) the Defendant committed an act of de facto marital relationship with the victim; and (d) said that he would not take part in the funeral service in his four customers.

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

2. Violence;

가. 피해자 C에 대한 범행 피고인은 제 1 항과 같은 일시 및 장소에서, 그 곳 편의점 안에서 행패를 부리는 것을 피해자 C( 여, 46세) 가 제지한다는 이유로 발로 피해자의 복부를 1회 걷어찼다.

Accordingly, the defendant assaulted the victim.

B. The Defendant committed a crime against the victim E at the same time and place as that set forth in paragraph 1, and on the ground that he/she prevents the victim E (23 tax) from wearing his/her plaque within the convenience store, he/she took one time a part of the victim’s entrance.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C, E, or E;

1. On-site photographs and deputy photographs of damage to E;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment for a crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Category 1 - The sentence of recommending interference with the task: Six months to one year and six months (basic areas): None of them;

(b) 2nd offence - The sentence of recommendations to make a width: there shall be no special sentencing factors from February to October (basic areas):

(c) Many crimes: From June to November; and

2. The decision of sentence shall be made by violence; and