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(영문) 서울동부지방법원 2014.09.17 2014고단840
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On December 22, 2011, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act at the Seoul Western District Court (joint injury) and completed the execution of the sentence on July 1, 2012.

【Criminal Facts】

At around 21:40 on March 19, 2014, the Defendant: (a) purchased a throwter at the F convenience store operated by the victim E (the age of 46) located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant interfered with the victim’s convenience store business by force by allowing the victim to enter the victim’s convenience store by using approximately 30-minute verbal abuse, such as the victim’s expression “this brut brut c,” on the ground that the Defendant, who is the customer, is physically responding to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A photograph of a CCTV closure;

1. Investigation report (CCTV investigation);

1. Previous records: Application of inquiries, such as criminal records, reports on personal identification and confinement status, investigation reports (Attachment to the same type of criminal records and written judgments, etc.);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 35 of the Criminal Act provides that the reason for sentencing of repeated crime is relatively minor, and the victim does not want the punishment of the defendant is more favorable.

However, the defendant has been 8 times or sentenced due to violent crimes, and accordingly, he committed another crime even during the period of repeated crimes, and does not seem to reflect the wrong, and other various sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime shall be determined as ordered by the disposition.

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