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(영문) 의정부지방법원 2015.07.15 2015고단1968

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 05:45 on May 28, 2015, the Defendant demanded the victim to change the victim's credit from the E convenience point of the victim D (the age of 39) operation on the first floor of the building C, the Defendant sent the victim to the outside of the convenience store by taking the victim's bath at the large interest of "I ambling why I ambath," and "I ambath, I ambath" on the part of I ambath, and ambath, I am out of the convenience store.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs;

1. Application of Acts and subordinate statutes to a investigation report (a case concerning the cutting of CCTV images at a convenience point);

1. Article 314 (1) of the Criminal Act applicable to the crime and Article 314 (1) of the choice of punishment (to be chosen by imprisonment in consideration of the fact that the defendant has been punished several times for the same crime);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., that the defendant's mistake is against his/her will, that the victim does not want punishment for the defendant, and that the defendant seems to suffer from the climatic s

1. The part of dismissing the prosecution under Article 62-2 of the Criminal Act;

1. On May 28, 2015, the summary of the facts charged: (a) around 05:45 on May 28, 2015, the Defendant demanded the victim from the E convenience store in the operation of the victim D (39 years of age) located on the 1st floor of the Gu-si building C to change the victim’s address on credit; (b) on the part of the victim, the Defendant took a bath to the victim, i.e., why he would have been suffering from the crypt; and (c) the victim was divided into the victim’s name, i.e., how he would have been suffering from the crypt., why he would have been reported to the police.

Accordingly, the defendant assaulted the victim.

2. The facts charged in this part of the indictment are those falling under Article 260(1) of the Criminal Act, and is in accordance with Article 260(3) of the Criminal Act.