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(영문) 서울남부지방법원 2017.01.12 2016고단5305
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

around 19:00 on August 13, 2016, the Defendant, while drunk from the “C” convenience store located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around 19:00, and at the same time, read “C goods are tight, sold, and sticked.” The Defendant is related to the police.

I do not agree.

D(28) who is an employee of the above convenience store, continued to leave the above contents for about 30 minutes, and interfere with the victim's above convenience store business by force. The victim's above convenience store business was obstructed by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of enforcement manual statutes;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Interference with the business [the basic area of interfering with the business]: June to June [the person subject to special sentencing] mitigation (the victim's non- sources of punishment]: January to August [the decision of sentence]; the background of the crime in this case; the degree of power exercised; the defendant's mistake is generally recognized; the defendant's mistake is generally recognized; the defendant's age, sexual behavior, health status; criminal records; the circumstances after the crime were committed; and the defendant's oral decision of suspended sentence as to the defendant was sentenced to a suspended sentence as ordered, taking into account all the factors of the sentencing specified in the proceedings of this case, such as the defendant's age, sexual behavior, health status; and the circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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