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(영문) 서울서부지방법원 2015.10.15 2015고단2163
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal career] The Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Western District Court on February 6, 2015 and two years of suspended execution, which became final and conclusive on February 14, 2015, and is currently under suspended execution.

【Criminal Facts】

1. On August 24, 2015, at around 01:45, the Defendant obstructed the victim’s convenience store business by force for about 20 minutes, such as: (a) having been displayed at the convenience store on the grounds that the Defendant did not have any share price in the convenience store within the convenience store operated by the victim D (Inn, 54 years old) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) having been placed on the floor of the convenience store; (c) having the customer interfered with the victim’s convenience store business by force.

2. Around August 24, 2015, at the convenience store as indicated in paragraph 1, the Defendant: (a) expressed the victim D’s clock to the Defendant as described in paragraph 1; (b) expressed the victim’s clock to the Defendant; (c) 2 soldiers, who are dangerous goods purchased at the above convenience store, are placed on the convenience store floor; and (d) expressed the victim’s clock to the victim “clock report and explanation.”

In addition, even though the Defendant continued to talk about the victim's only once, the Defendant 20-minuted the success within the convenience store and threatened the victim as if he were scam, and prevented customers from entering the above convenience store.

The defendant, carrying dangerous objects, threatened the victim, and obstructed the victim's convenience store operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A written statement;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes is the first crime (Interference with business).

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