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(영문) 인천지방법원 2018.02.08 2017고단8617
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On October 26, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of six months by interfering with business affairs at the Incheon District Court, and the judgment became final and conclusive on November 3, 2017.

[Criminal facts]

1. On October 12, 2017, the Defendant: (a) found the convenience store managed by the victim D in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu around 23:48; and (b) demanded the victim to prepare a written agreement on the assault case that occurred before the victim; (c) however, the victim refused it; (d) made the victim’s humiliation; and (e) obstructed the victim’s duty of managing convenience stores by drinking alcohol before the convenience store for about 6 hours from around 05:5 to around 10 hours following the following day; and (e) preventing customers who feel a pipe of the convenience store from entering the convenience store by drinking alcohol at around 10 hours in the convenience store, destroying the convenience store, assaulting the victim; and (e) preventing them from entering the convenience store by force.

2. On October 13, 2017, the Defendant damaged property: (a) was placed on the account of the following reasons: (b) around 05:39 around October 13, 201; and (c) the Defendant did not prepare a written agreement on the assault case that occurred before the victim D; (b) around the account book.

The LED tobacco advertising board was damaged by making it possible to wear a parod personal part, thereby damaging the city's aesthetic repair cost.

3. The Defendant of assaulted 5 times with the victim D(22 older) floor of the instant softened bottled 2 knife at the cooling depot of convenience store on the same grounds as paragraph 2, and assaulted fnife with the victim D(22 older) knife with the victim’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs, damaged photographs, CCTV closure photographs at convenience stores;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and reporting on investigation (Attachment of a copy of the judgment);

1. Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and Article 260 of the Criminal Act concerning criminal facts.

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