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(영문) 수원지방법원 2014.08.22 2014고단3670
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. On June 29, 2014, around 18:25, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, and other property damage) requires employees F to change alcohol to credit from “E convenience store” located in the wife population D when the Victim C (the age of 50) operated by the victim C (the age of 50).

On the other hand, golf products and golf wing practice products, which are dangerous articles in the past's house, were destroyed by cutting down three garbage bags in the market price used at the above convenience store.

2. Interference with business;

A. The Defendant: (a) expressed the victim C’s abusive view, such as “this weather is no longer available; (b) there is no room for E convenience store; and (c) made the vehicle entering the convenience store and the customer who had a desire to talk to the convenience store while making it difficult for the customer to enter the convenience store; and (d) obstructed the victim’s commodity sales business by force for 30 minutes.

나. 피고인은 2014. 7. 2. 08:30경 용인시 처인구 G에 있는 'H편의점'에 물건을 사러 들어가 피해자 I(32세)에게 “니가 사장이야 이 새끼야”, “씨발놈”, “개새끼” 등 욕설을 하고, 편의점에 들어오는 손님을 향해 “뭘봐, 씨발놈아.”라고 욕설을 하는 등 소란을 피워 편의점에 들어오려던 손님들이 들어오지 못하게 함으로써 15분 가량 위력으로 피해자의 물품판매 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C and I by the police;

1. A statement prepared by the F;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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