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(영문) 서울남부지방법원 2017.11.22 2017고단4367

업무방해

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. The Defendant, at the C convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, around August 18, 2017, asked the victim D about where the victim had an error, and asked the victim D about where the victim did not go in the carhouse, and, on the ground that the victim did not go in the carhouse, the Defendant: “The name of this dog has been changed.”

“The victim interfered with the management of convenience points by force by avoiding the disturbance between about 10 minutes, such as cutting the victim’s hand by hand, thereby obstructing the victim’s convenience store by force.

2. On August 18, 2017, at F convenience stores located in Yeongdeungpo-gu Seoul Metropolitan Government, around 01:40, the Defendant asked the victim G about where a beer, etc., and interfered with the victim’s convenience store management work by force, such as avoiding disturbance from the victim’s perspective on the ground that the victim does not go to the catter. The Defendant catdd “Korean people, who hear the horses to be cated,” and catd with male customers who stoping such noise. After having come home by the police officer called out of the said convenience store, the Defendant interfered with the victim’s convenience store management work by avoiding disturbance between about 10 minutes and going to the outside of the catter.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

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

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

1. Imprisonment with prison labor chosen;

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. The execution of imprisonment shall be suspended in consideration of the fact that the defendant is subject to strict punishment when considering the grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and the history of the crime, etc., but the execution of imprisonment shall be suspended in consideration of the violation of the crime and the fact that the victims do not want the punishment, but the prohibition of going out during late hours shall be imposed as special matters to be observed