(영문) 수원지방법원 2020.01.10 2019고단3973

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줄 간격

자간(%)

(영문) 수원지방법원 2020.01.10 2019고단3973

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of suspension of the execution on April 20, 2018 by the Suwon District Court for the crime of interference with business, etc., which became final and conclusive on April 28, 2018 and is still under suspension of execution.

【Criminal Facts】

On July 22, 2019, at around 08:30 on July 22, 2019, the Defendant, “D convenience store” operated by the victim C (n, 51 years of age) in Suwon-gu, Suwon-gu, Suwon-si, led the victim to mispercing that the victim was not satisfing, and led the victim. “I ambling the same year as the sat, the satch,” and “I ambling the victim promptly.” On the same occasion, the Defendant continued to have the victim go back at the above convenience store for about 40 minutes, without complying with the request of the police officer called out after receiving the 112 report, and let the victim go back to the display stand.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A criminal investigation report (a DNA camping image data taken by a police officer at the site) and a bar image data CD;

1. Investigation report (STV image data confirmation and analysis) and CCTV image photographs;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification during the period of suspension of execution of sentence) statutes;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a criminal act committed several times against the defendant during the period of suspension of execution due to the same criminal act. However, the fact that the defendant led to confession and reflects against the defendant, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of all the sentencing circumstances such as the defendant's age, character and conduct, intelligence and environment, relationship with

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