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(영문) 제주지방법원 2017.07.21 2017고단1331
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On July 7, 2016, the Defendant was sentenced to one year of imprisonment by the Jeju District Court for the obstruction of business affairs, and the execution of the sentence was terminated on February 26, 2017.

[Criminal facts]

1. Around 15:00 on March 20, 2017, the Defendant: (a) entered the “E convenience store” operated by the Victim D (45 tax) in Jeju Island; (b) leased and used the Defendant’s convenience store phone; (c) took a serious bath for the victim to restrain the victim from doing so; and (d) “I am frily frily frien,” “I amfrily frily frily frily frily frily frily frily frily frien, frily frily frily frily frien, frily frily frily frily frien,” and interfere with the victim’s convenience store business by force of approximately 35 minutes, such as friening the victim.

2. On March 21, 2017, the Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) and interfered with his/her duties is dissatisfied with the victim’s complaint that the victim D reported the Defendant to the police and arrested the flagrant offender, and the victim’s complaint was found immediately.

Along with the fact that the statement refers to "I am well-beingd.", the victim's convenience store operation by force for about five minutes, such as avoiding disturbance and preventing customers from calculating, and at the same time, exercised the victim's power with the knowledge of necessary facts in relation to the investigation of his criminal case.

Summary of Evidence

1. A written statement of each victim of D;

1. Related photographs (Interference with business), investigation reports (Attachment of photographs by cutting CCTV images at convenience stores for crimes on March 21, 21), investigation reports (Analysis of CCTV at the scene of crime), investigation reports (to listen to the statements of victims by telephone);

1. Previous conviction: A written reply to inquiry, such as criminal history, investigation report (verification of the same record as the suspect) (the defendant and his/her defense counsel) (the defendant and his/her defense counsel did not reach the power provided for in Article 314(1) of the Criminal Act or Article 5-9(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and thus, interference with business

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