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(영문) 수원지방법원 안산지원 2016.03.21 2016고단201
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant is a full-time employee who was sentenced to a suspension of execution of one year on six months of imprisonment with prison labor for interference with business in the support of the Sugwon method, and such judgment became final and conclusive on November 19, 2015, and is currently in the grace period.

On January 30, 2016, the Defendant: (a) at the D convenience store located in Ansan-si, Ansan-si; (b) around 1:16, 2016, after drinking alcohol and drinking tobacco at the convenience store, and (c) at the victim E who was working at the convenience store.

A tobacco has been changed by making the end of the door "Swel", and the above victim saw a tobacco display site that was behind the above victim, etc. due to the left hand hand of the victim "I swel any tobacco," the face of the above victim, sweld on the floor of the victim, and the death of the victim.

From the street to the 13-minutes of the instant victim’s convenience store business by force by avoiding disturbance for about 13 minutes, such as ringing to the end of the road, ringing to the end, governance, breaking to the display stand by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Related photographs (Carrying video data) and ( CCTVs at convenience stores);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the date of confirmation and attachment of judgment) statute;

1. The reason for sentencing of Article 314(1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommendations] The reason for sentencing of Article 314(1) of the Criminal Code on the criminal facts [the scope of recommendations] interference with business affairs, [one month to eight months] [the person who has been specially mitigated] [the defendant] is not subject to punishment [the decision of sentence] that has the power to be punished for the same kind of crime, and the defendant again commits the crime in this case during the suspension period of execution for the same kind of crime, it is inevitable to sentence the defendant as punishment.

Accordingly, the defendant seems to have committed the crime of this case in response to his mistake and is likely to have committed the crime of this case by drinking.

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