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(영문) 수원지방법원 2019.03.28 2018고단6443
업무방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On September 14, 2017, the Defendant was sentenced to six months of imprisonment with prison labor at Suwon District Court for the crime of interference with business, and the judgment became final and conclusive on December 4, 2017, and the execution of the said punishment was terminated at Suwon Detention Center on February 6, 2018.

【Criminal Facts】

At around 23:40 on September 22, 2018, the Defendant: (a) 23:40, at the C convenience store located in Suwon City B, the Defendant was unable to avoid disturbance for about 20 minutes, such as, without any reason, breathing a dog placed in the store display room under the influence of alcohol by using it as a hand; (b) breathing, without calculating the tenant located in the store from the victim D, who is an employee of convenience store, without calculating the tenant located in the store; and (c) taking back the victim’s back, and breathing, and preventing customers entering the said convenience store from entering the store.

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs and records of the case-related photograph (CCTV image data);

1. Investigation report (Confirmation and analysis ofCCTV image data);

1. Previous records of judgment: Application of criminal history records, investigation reports (applicable to repeated crimes of a suspect, and results of confirmation of dispositions and dispositions);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment has a record of criminal punishment several times including imprisonment for the same kind of crime, and in particular, the fact that the defendant committed the crime of this case during the repeated crime period due to the same crime is disadvantageous.

However, the fact that the defendant recognized the crime of this case, that the victim does not want the punishment against the defendant, and that the defendant is detained for more than two months, and that the defendant seems to be against the truth of his mistake is more favorable.

(b) other.

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