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(영문) 서울북부지방법원 2016.11.25 2016고단4699
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 24, 2016, from around 14:40 to 14:50, the Defendant interfered with the victim’s convenience store business for about 10 minutes by force by avoiding the disturbance in front of the canter, even though the Defendant, while under the influence of alcohol and expected to sell a blue at the entrance of the carter, and continued to read, “Adoz, Ische, Ische, Ische, Ische, Ische, Ische, Ische, Ische, Ische, Ische,” and “Is the victim’s convenience store business for about 10 minutes.”

2. From around 18:30 on October 24, 2016 to 18:35, the Defendant interfered with the victim’s convenience store business by: (a) under the influence of alcohol, against the victim F (V, 19 years of age) who was in reporting the business of a convenience store by entering the place under paragraph (1); (b) under the influence of alcohol, the Defendant: (c) opened the entrance of the camera; (d) putting the victim into the camera and talking the victim; and (e) preventing the victim from entering the victim’s convenience store by preventing the victim from entering the victim’s cell phone by stoppinging the victim’s cell phone while driving away from the victim’s cell phone in order to report it; and (e) obstructing the victim’s convenience store business by force for about five minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes to a report on investigation (to attach CCTV images and photographs to criminal records);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. From among concurrent offenders, the scope of final sentence due to the aggravation of multiple crimes for which there are no basic area [the scope of recommending persons] (the scope of recommending persons] (6 to 1.6 months) of the basic area (6 to 1.6 months) of the Criminal Act (the scope of recommending persons] (the scope of recommending persons] and the basic area (6 months to 6 months and 16 months) of the basic area (the scope of interfering with business) of category 1 (the scope of recommending persons) of the Criminal Act (the scope of recommending persons) (6 to 6 months and 1.6 months): 6 months to 2 months [the decision of sentencing] of the defendant has the history of having been punished several times for the same kind of crimes, and June 30, 2016.

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