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(영문) 서울북부지방법원 2017.11.23 2017고단4206
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on September 20, 2017 by the Seoul Northern District Court on September 20, 2017 due to damage to public goods, etc., and the probation period becomes final and conclusive on September 28, 2017.

[2] On October 4, 2017, the Defendant: (a) entered the D convenience store located in Seongbuk-gu Seoul Metropolitan Government on October 4, 2017; (b) sounded the victim E (V, 54 years of age), the owner of the horse convenience store; and (c) sounded the victim E (V, the owner of the horse convenience store; (d) “Ying tobacco” to “Ying tobacco,” and 2 can can cans off to the unit for calculation.

Then, the defendant responded to what kind of tobacco wants to be "at any match," and the defendant received from the injured party 1 Gap of the fradical tobacco, "I are responsible for it without this flaz, and has failed to leave the cans, beer and tobacco," and "I am out of the convenience store."

At a place where a table is installed immediately front of the convenience store, the Defendant continued to wear one can bed, which the victim demanded to return the goods to the outside of the convenience store, and laid down on the front floor of the damaged person immediately. Tobacco 1 A was collected with the left side of the damaged person, and as the victim is willing to see the victim, “ebbbbbbing” means “ebbbing off,” and tring off the tables and standing signboards installed outside the convenience store by an influence method.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation, and applying Acts and subordinate statutes to investigation reports (verification during the suspended period);

1. The relevant legal provisions on criminal facts, Article 314(1) of the Criminal Act on the selection of punishment, the Defendant’s reason for sentencing of sentence of imprisonment is against the time when committing the instant crime.

However, on September 20, 2017, the defendant committed the same offense.

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