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(영문) 서울남부지방법원 2017.12.14 2017고단5437
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

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

Reasons

Punishment of the crime

On September 28, 2016, the Defendant was sentenced to one year of imprisonment with prison labor by the Chuncheon District Court for obstructing the performance of official duties, and on February 2, 2017, the Defendant was sentenced to two months of imprisonment with prison labor by the Chuncheon District Court for assault, and completed the execution of the sentence on October 24, 2017.

1. From October 28, 2017, the Defendant entered the E-market operated by the victim D (M, 80 years of age) located in Guro-gu Seoul Metropolitan Government, around 23:45 on October 28, 2017, and did not pay KRW 3,000,000 without justifiable grounds, for sugar and bats displayed at that location.

2. The Defendant interfered with his duties at the same time, time, and place as indicated in paragraph 1, and interfered with the victim’s store management by force for about two hours, by taking advantage of the breath’s breath to the customers who found the said Schlage without any justifiable reason, such as engaging in drinking.

3. The defendant of intimidation, at the same time and place as described in paragraph 2, defects in the victim F (28 years old) reports 112, and whether the victim’s report “on the move of the victim,” and “on the move of the victim, on the move of the victim.”

C Before the friend friend, “A friend friend, friend, friend,” and “a friend, friend, friend, friend, friend, friched, friend, thereby threatening the victim to have any harm and injury.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. On-site video data;

1. Previous convictions: Inquiries about criminal history, search results of prisoners, application of Acts and subordinate statutes to report criminal investigations (the confirmation of the date of release from prison);

1. Relevant provisions of the Criminal Act concerning the crime, Article 314(1) (Selection of Imprisonment), Article 283(1) (Selection of Imprisonment) of the Criminal Act concerning the selection of punishment, and Article 3(1)39 (Selection of Penalty) of the Punishment of Minor Offenses Act;

1. Article 35 of the Criminal Act concerning the aggravation of repeated crimes (Crime of Obstructing Duties and Intimidation);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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