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(영문) 서울북부지방법원 2014.03.28 2013고단2992
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

A new card (No. 1) seized shall be returned to the victim C.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant sentenced the Seoul Northern District Court to eight months of imprisonment for the crime of obstruction of business and injury, and completed the execution of the said sentence on February 24, 2013.

1. Interference with business;

A. At around 20:00 on May 23, 2013, the Defendant interfered with the victim’s convenience store’s business operation by force for about 30 minutes in a way that, under the influence of alcohol, customers who had entered the convenience store would not enter the said convenience store by taking a breath, i.e., “a bit of bitch bitch bitch bitch bitch,” on the ground that the Defendant was boomed by drinking and brought about the victim’s abolition and gambling, and that the victim would leave the room outside.

나. 피고인은 2013. 7. 27. 20:00경 서울 강북구 G 소재 피해자 H 운영의 I편의점에서, 술에 취하여 피해자에게 화장실 키를 달라고 하다가 아무런 이유 없이 “씨발년아”라고 소리를 지르고 욕설을 하면서 위 편의점 내에서 소변을 보겠다며 바지를 내려 위 편의점에 들어가려뎐 손님들이 겁을 먹고 들어가지 못하게 하는 방법으로 약 30분 동안 위력으로써 피해자의 편의점 영업 업무를 방해하였다.

2. Around July 2013, the Defendant: (a) obtained a new card lost by the victim C and embezzled it as it is without following due process necessary for the return of the card at a housing price near the 4.19 tower in Gangseo-gu, Seoul; (b) around July 2013, the Defendant embezzled it.

3. On July 28, 2013, the Defendant attempted to purchase one roll of 1,400 won by using a new card acquired by the victim as provided in paragraph (2) while having attempted to purchase one roll of 1,400 won at the L point of the Seoul Southern-gu Seoul Southern-gu management of the victim K located in the court around 10:10 on July 28, 2013, the Defendant attempted to identify the card reported by the victim as the loss or theft and refuse to settle the account.

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