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(영문) 서울남부지방법원 2017.01.11 2016고단4249

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2016, from around 01:00 to around 09:16 of the same day, the Defendant interfered with the victim’s gas station business by force, such as: (a) in the E gas station where the victim D works in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul) from around 01:00 to around 09:16, on the ground that F, the cause of oil, while drinking oil, did not cause oil to flow out and compensate for oil; (b) he left his cargo vehicle without having it left, thereby preventing customers from properly gasing.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Photographs photographs of CCTV images, and the application of the statutes governing crimes;

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

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. Not more than eight months of imprisonment with prison labor within the scope of the recommended sentence on the sentencing criteria (the area where a reduction is prohibited in the scope of special mitigation of punishment).

2. The degree of interference with the business due to the instant crime by the defendant who has rendered the sentence of sentence is not easy;

The defendant has a record of criminal punishment of not less than 20 times, including criminal records of the same kind.

However, since the gas station workers gets oil from the gas station oil, it seems that the crime of this case is committed by contingency while in trial, and the defendant's mistake is recognized, and the damaged person does not want the punishment of the defendant by agreement with the victim, etc. shall be determined like the order.