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(영문) 서울동부지방법원 2015.08.10 2015고단967
업무방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 5, 2015, at the “D” convenience store located in Gwangjin-gu Seoul Special Metropolitan City on April 10, 2015, the Defendant interfered with the operation of the convenience store by force, such as continuing the victim’s desire to talk for a large amount of 20 minutes in front of the victim’s request for delivery on the ground that the victim E does not sell alcoholic beverages to himself/herself. The victim, who is the cause of his/her occupation, continued to talk with the victim for a large amount of 20 minutes, and interfered with the victim’s convenience store operation by force.

2. Around April 5, 2015, at the place indicated in the preceding paragraph, around 10:48 on April 5, 2015, the Defendant insultingd the victim F, a police officer, who was dispatched to the said place upon receiving the report of the said E, by saying, “Chewing friend, friend, friend, friend, friend, friend, friend, friend, friend, etc.,” and openly insulting the victim in front of other customers than the said E.

Summary of Evidence

1. Partial statement of the defendant (the fourth court date);

1. Each legal statement of witness E and F;

1. Application of CCTV image CD recycling Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act on the grounds of sentencing in the case of this case, the background and content of each crime of this case, the degree of damage, the victim of the crime of interference with business, the fact that the defendant does not want to be punished, the fact that the crime of this case is generally recognized and is against the law, and the period of trial after detention, the criminal records of the defendant, age, health status, career, and all other circumstances revealed in the arguments, such

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