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(영문) 서울서부지방법원 2017.07.12 2017고단1235
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 11, 2015, the Defendant was sentenced to one year of imprisonment with prison labor due to interference with business in the Sungnam Support of Suwon Friwon, and completed the execution of the sentence in the Ansan prison on September 17, 2016.

[Criminal Facts]

1. Around 15:00 on March 2, 2017, the Defendant interfered with the business of the victim’s coffee business by force, such as: (a) the victim’s “E” coffee shop operated in Mapo-gu Seoul Metropolitan Government (hereinafter “E”); (b) the victim’s disturbance, without any particular reason, putting about 30 minutes into a large interest; and (c) the customer in the coffee shop, thereby obstructing the victim’s business by force, such as leaving customers in the said coffee shop.

2. The Defendant made intimidation to the victim on March 2, 2017, on the ground that the victim reported the Defendant to the police at the above “E” coffee shop around 16:00, on the ground that the victim reported the Defendant to the police.

The victim threatened the victim by stating that "I would have been killed in the glass and write down, thrown down as soon as possible, and who would have reported."

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F;

1. Each investigation report ( telephone survey) and each investigation report (CCTV verification investigation);

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (Attachment to the current status of personal confinement), and application of statutes of the judgment text;

1. Article 314 (1) and Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) not only creating apprehensions by finding the damage store of this case even in ordinary places; (b) but also threatening the victim to return home by the police on the day of the crime of this case even if he was solicited to return home by the police on the day of the crime of this case; and (c) there are several records of punishment for the same crime, but also committing the crime of this case during the period of the same repeated crime.

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