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(영문) 서울북부지방법원 2021.02.09 2020고단4711
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant is a person who operates an overwork store, and the victim B (n, 63 years old) is a person who operates "D convenience store" in Seoul Special Metropolitan City Nowon-gu, and "D convenience store."

around 15:09 on October 30, 2020, the Defendant interfered with the victim’s convenience store operation by force for about 10 minutes, including, but not limited to, the victim’s desire to take care of, the victim, and the victim’s sound before the convenience store calculation stand, on the ground that the victim’s “the victim’s vehicle parked in a street store before the convenience store and does not perform funeral services.”

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of investigation report (CCTV and mobile phone image verification) Acts and subordinate statutes;

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. The reason for the sentencing of Article 62-2 of the Criminal Act on the observation of protection and the order to attend lectures is to find out in the state of drinking at a convenience store operated by a female business owner for the sentencing of Article 62-2 of the Criminal Act, and thus, the act was committed, such as the breath and the breath of the display stand.

The defendant has been punished several times for the same crime, and the defendant has been released from August 2017 and repeats the crime, such as repeating the crime even after being sentenced to a repeated crime one time during the period of repeated crime, and there is also a concern about recidivism in the future.

However, considering the fact that the crime is recognized, the fact that the victim has agreed with the victim, and other various sentencing conditions, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence, etc., shall be determined as per the order.

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