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(영문) 서울남부지방법원 2019.02.15 2018고단5510
업무방해
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[Criminal Power] On September 9, 2015, the Defendant was sentenced to 10 months of imprisonment with labor for the crime of interference with business at the Seoul Southern District Court, and completed the execution of the sentence in the Ansan Prison on May 13, 2016.

【Criminal Facts】

1. Interference with business activities against the victim B;

가. 피고인은 2018. 8. 25. 17:19경 서울 구로구 C에 있는 'D식당'에서 가게 사장인 피해자 B(여, 68세)이 자신에게 술을 판매하지 않는다는 이유로 “씨발년아. 내가 너한테 못한게 뭐가 있냐. 돈 없으면 나중에 주면 될꺼 아니냐.”라고 큰소리로 말하고, 가게에 앉아 있는 손님들을 빤히 쳐다보며 불안감을 조성하는 등 약 30분간 행패를 부려 위력으로 피해자의 가게 영업 업무를 방해하고,

B. On August 26, 2018, around 20:50, the Defendant: (a) 20:50 on August 26, 2018, the victim, the president of the store, took a bath for the victim on the ground that the victim B, who was the president of the store, did not sell alcohol; (b) she saw another customer who was seated on the table table; and (c) obstructed the victim’s business by force for about 20 minutes, such as sending back the victim’s surrounding the store, instead of having the victim go to another place.

2. Around 14:00 on August 26, 2018, the Defendant interfered with the victim E’s business by force, such as: (a) the victim E, the president of Guro-gu Seoul, recommended the return home; (b) the victim E, who was the president, recommended the return home; (c) he did not comply with it; and (d) obstructed the entry of the visitors who visited the above shop for about three hours, and allowing the customers to feel unstable, thereby obstructing the victim’s business operation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each statement of B and E;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (pre-offenders and confirmations) and 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, respectively;

1. Aggravation for repeated crimes;

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