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(영문) 서울동부지방법원 2013.12.17 2013고단2742
업무방해
Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Seoul Eastern District Court on June 13, 2012, and completed the execution of the sentence at Seongdong-gu District Court on June 13, 2012.

【Criminal Facts】

At around 20:20 on July 16, 2013, the Defendant, without any justifiable reason, obstructed the victim G (33 years of age)’s normal singing shop business by having the victim go against the disturbance for about 15 minutes at the Fing shop located in Songpa-gu Seoul, Songpa-gu, Seoul, 2013, “If you sell the gue, you will report it to the illegal business if you want to sell the gue,” and continuously selling the gue. The Defendant interfered with the victim’s normal sing shop business by force by preventing customers from entering the said singing shop by avoiding the disturbance for about 15 minutes, such as 10,000 won at the gue-gu, Songpa-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each report on investigation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. It is so decided as per Disposition for the reason under Article 35 or more of the Criminal Act among repeated crimes;

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