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(영문) 춘천지방법원 강릉지원 2018.07.05 2018고단396
업무방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2018, the Defendant entered the light alcohol around 20:55 in the convenience store in the operation of the Victim C located in Gangnam-si, Gangnam-si, and called “the cell phone putting the cell phone” to the victim who was in the calculation stand, and the victim does not have any fact between the customer and the cell phone.

“C. Hase Hase Hase Hase Hase Haseen” to the defective victim

“The expression was expressed as “...”

Then, the defendant demanded the victim to move out of the above convenience store, and the defendant took a behavior, such as preventing him from being able to take the front of the above calculation unit, "I have a choice to take care of him/her", and preventing him/her from calculating his/her account.

The Defendant continued to appear after receiving the victim’s 112 report, and the police officer called “the victim to investigate the nationality of the mos in North Korea,” and the police officer demanded the Defendant to produce an identification card, the Defendant was able to avoid an disturbance for about 15 minutes, such as “the mos power of the mos. Has. Has. Has. Has. Has. Has. . Has. Has. Has. Has. Has.

Accordingly, the defendant interfered with the victim's convenience store business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the investigation report (Attachment of a photograph by capturingCCTV image) and related photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime shall be determined by comprehensively taking into account the following circumstances and the various conditions of sentencing as indicated in the instant pleadings, including the circumstances after the crime, etc., and the sentence shall be determined as ordered.

A favorable circumstance: A normal circumstance unfavorable to the victim: A person who committed the instant crime during the period of probation and has been punished several times due to violent crimes, etc.

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