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(영문) 인천지방법원 2016.07.15 2016고단2591
업무방해
Text

A fine of KRW 4,00,00 for the crime No. 1 in the judgment of the defendant, and a fine of KRW 4,000,00 for the crime No. 2 in the judgment.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for an injury in this court, and the judgment was finalized on February 5, 2016.

Criminal facts

1. On January 1, 2016, around 22:00, the Defendant, under the influence of around 20 minutes, obstructed the victim’s convenience store operation by force for about 20 minutes, such as: (a) under the influence of the victim D (EE) located in Seo-gu Incheon, Seo-gu, Incheon; (b) under the influence of alcohol, the Defendant expressed that the customers drinking food at the customer within the convenience store “Yhhhhhhhhh” and “Shhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. On March 4, 2016, around 22:15, the Defendant, under the influence of alcohol at the entrance of “H Smarket, Incheon,” managed by the victim G located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant interfered with the victim’s Smarket management by force for about 15 minutes, such as “PPPE ZE ZE ZE ZE ZE ZE ZE ZE ZE ZEE.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Previous conviction in judgment: Inquiry about criminal history and application of the text of the judgment;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (Selection of a punishment penalty);

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes (only between the crime committed on February 5, 2015 and the crime of injury which became final and conclusive on February 5, 2015, and the crime of injury committed on January 5, 2016, written on the records of the crime, and the crime of injury committed on February 5, 2015, which became final and conclusive on November 3, 2015, shall be subject to a suspended sentence of two years for imprisonment with labor in this court.

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