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(영문) 대전지방법원 서산지원 2021.01.25 2020고정100
업무방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

1. Obstruction of business;

A. On October 18, 2019, the Defendant expressed that the victim D, an employee of the above convenience store, should calculate and add tobacco to the Defendant while drunk at the convenience store located in Jinnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (a) stated that “this e-mail year, the e-mail, the issuance of the match, the issuance of the weather, and the e-mail fluor,” the Defendant sent a drinking calculating stand in a water condition and laid down one bottled in the cooling machine.

In the past about 25 minutes of disturbance, such as attempted to leave the victim, the victim's convenience store business was obstructed by force.

B. At around 03:40 on November 2, 2019, the Defendant: (a) sought credit from the victim E, an employee of the above convenience store, in order to settle goods using a mobile phone at the above location; (b) but (c) the Defendant refused to pay credit; (d) the Defendant expressed that “the victim, who is an employee of the above convenience store, shall put the Handphone in a wing place, rings, rings, rings, rings, rings, rings, rings, the president by telephone, and rings convenience points, he interfered with the victim’s convenience store business by force by avoiding disturbance for about 30 minutes.

2. On October 21, 2019, the Defendant stolen a cans equivalent to 2,850 won at the market price owned by the victim, which was kept in storage in the said convenience store cooling room, using the gaps in which surveillance by the victim F, who is the main owner of the said convenience store, was neglected at the above location.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of F and E;

1. Each on-site photograph, CD;

1. Application of Acts and subordinate statutes on internal investigation reports;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 329 of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant is injured by the reason for sentencing of Article 334(1) of the Criminal Procedure Act.

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