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(영문) 서울남부지방법원 2018.09.14 2018고단1728
업무방해
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant around 03:40 on February 8, 2018, at D convenience points managed by the victim C in Geumcheon-gu Seoul Metropolitan Government, put in a flusium one in a flusium under the influence of alcohol, broken it, and the victim demanded the calculation thereof, and “Is Sari Ten in the forum”;

100 Sickland Had Had Had Had Had Hads

A police officer who was dispatched after receiving a victim's report on the same day, such as making a disturbance, taking a bath, etc., was subject to a notice of penalty payment for an act of disturbing drinking at around 04:00 on the same day, and taken measures for returning home upon receiving a notice of penalty payment.

Defendant 1 had the mind that he would interfere with the business of the victim, and around 04:17 on the same day, he again put about about 130,000 won in total of market prices, such as ew, coffee, ew, cityat, etc., and put 130,000 won on the calculation stand, without a mind to calculate it. Defendant 1, who received the above notice of payment of penalties, made a request for the calculation after putting the said goods in an envelope by guiding the said goods, and then requested the correction of mind.

".............." and repeated acts requiring only one product to be calculated from the same day to 05:05 on the same day.

Accordingly, the Defendant interfered with the management and accounting of the above convenience store of the victimized person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (on-site inspection, CCTV analysis, etc.);

1. Application of the Acts and subordinate statutes as a result of the CCTV CD reproduction;

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. The defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act reflects his/her unfavorable circumstances, such as the fact that he/she has been punished several times for the same kind of crime, the degree of interference with his/her business, and his/her mistake, and other favorable circumstances, such as the fact that he/she has no record of crime exceeding fines, and other favorable circumstances, such as the defendant's age, environment

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