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(영문) 창원지방법원 2016.01.27 2015고단1065

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

On April 21, 2015, at D convenience stores located in Kimhae-si, Kim Jong-si, around 20:35, the Defendant demanded employees E to demand the beer in an amount of KRW 5,000 to KRW 2,00, but refused to demand the beer to reject the demand. As a result, the Defendant’s refusal to demand the beer at several times, and the beer is changed. The Defendant sited in outside the entrance of convenience stores, and kids a large number of visitors sitting outside the entrance of convenience stores, and again, he interfered with the victim’s convenience store business by force for about one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on attaching site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation are several times the criminal records of the same kind or violence type, the accused reflects the errors, the accused lives in custody for a certain period of time, and other various sentencing conditions such as the circumstances of the crime in this case, the method of the crime, the circumstances after the crime, the age of the accused and the environment, etc. shall be determined as ordered by the decision.