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(영문) 서울남부지방법원 2017.02.09 2016고단5234
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. Between around 17:20 on September 6, 2016 and around 18:00, the Defendant: (a) obstructed the business of the victim E (the victim) manager of the convenience store by force, such as “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, under the influence of alcohol before convenience stores, openly bread and talked with, and talking at the entrance of convenience stores; and (b) engaging in acts threatening customers who find convenience points, thereby obstructing the business of managing the convenience store.

2. On September 24, 2016, at around 12:00, the Defendant opened the door of 413 of the “H” notification, the domicile of the victim G located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and stolen the victim’s possession of KRW 2,200 (three 500 foot interest, and seven 100 foot interest).

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G and I's respective legal statements;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of E and I;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense (Interference with business);

In this regard, Article 329 of the Criminal Act (the thief)

O. Imprisonment selection)

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. Reduction due to the reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommendation] 1] Interference with business: June to June 1, and June 2] : The basic area of the theft (the theft against general property): The basic area of the larceny (the type No. 4) [the No. 1 year to February 2]: there is no ground for mitigation (the special sentencing person] 1 year to June 2) 2: August to January 6 (the handling of multiple crimes] 1/2 of the upper limit among the areas of the punishment against the obstruction of larceny: August to February 3 [the decision of sentence], the extent of damage caused by the theft of each of the crimes of this case (the extent of damage inflicted upon the victim's age), the extent of damage inflicted upon the victim's exercise of defense, the degree of interference with the execution of the crime of this case, the degree of harm inflicted upon the victim's age during the course of pleading, etc.

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