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(영문) 서울북부지방법원 2018.04.13 2017고단5604
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 18, 2017, at the “D” convenience store operated by the victim C in Seongbuk-gu Seoul Metropolitan Government around 08:30 on November 18, 2017, the Defendant: (a) requested employees E to charge transportation cards; and (b) requested employees E to pay his/her mobile phone after the completion of charging and charging the phone; and (c) requested E to: (a) “D money should not be given after it is sold.”

나 돈 없어! 환불해 줘! ”라고 말했고, E으로부터 “ 교통카드 충전 후 환불이 불가하니 충전한 금액 5만 원을 지불할 때 까지는 휴대전화를 돌려줄 수 없습니다.

In order to hear the phrase “,” and to see it with a large sound, the victim interfered with the victim’s convenience store business by force for about one hour by avoiding disturbance, such as cutting off E by hand and pushing down C’s shoulder, the president.

2. In the time and place indicated in paragraph 1, the Defendant damaged the property by putting the victim C’s market value on the calculation stand, which is the victim C, who was placed on the calculation stand with the disturbance as above, above putting the bar code 353,000 won above the calculation unit, and by putting it down on the calculation unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A E-document;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of CCTV photographs to convenience stores and a detailed statement of purchase of goods damaged by property);

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, the defendant's reasons for sentencing of the sentence of provisional payment order are sentenced to a suspended sentence of imprisonment due to an injury crime, and is not aware of the fact that the defendant committed each of the crimes of this case without being aware of the fact during the suspended sentence, and the defendant is admitted to each of the crimes of this case.

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