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(영문) 서울북부지방법원 2019.03.28 2018고단5000
업무방해
Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of suspended sentence on May 3, 2018 by assault, etc. at the Seoul Northern District Court on May 3, 2018, and the judgment became final and conclusive on May 11, 2018, and is currently under suspended sentence.

【Criminal Facts】

1. On September 21, 2018, around 14:00 on September 21, 2018, the Defendant interfered with the business, at the oral point of “D” operated by the victim C on the first floor of the building B in Gangseo-gu Seoul, Gangnam-gu, Seoul, the Defendant interfered with the victim’s oral operation by force by preventing the Defendant from entering customers who were verbally at the 10 minutes of the disturbance, such as “this knife, this knife, knife, and this knife,” and “hife, this knife,” and passing through sound.

2. On September 21, 2018, around 14:30 on September 21, 2018, the Defendant interfered with business: (a) around September 14:30, 2018, the Defendant obstructed the management of the victim’s marina business by force by preventing the Defendant from entering and leaving customers who were in the marina business place from entering, and by force, she interfered with the management of the victim’s marina business place by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Previous records: The application of criminal records, inquiry and other 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, respectively;

1. Among concurrent crimes, the defendant has been led to confession of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, but there have been six previous criminal records for the defendant, including the same criminal records, the defendant has committed the crime of this case during the period of probation, and damage to some victims.

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