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(영문) 서울남부지방법원 2018.05.11 2018고정27
업무방해등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

1. Obstruction of business;

A. On August 20, 2017, from around 22:28 to 22:40 of the same day, the Defendant obstructed the victim’s convenience store business by force by taking advantage of the victim’s convenience store within the “D convenience store” working for the victim C in Gangseo-gu Seoul Metropolitan Government, without any reason.

B. From around 04:00 on August 21, 2017 to 05:00 on the same day, the Defendant interfered with the victim’s convenience store business by force by getting the customers who walk in the same place as the foregoing paragraph (a) to set off the coffee and take a bath on the table, avoiding the criticism of the Defendant, and avoiding disturbance.

(c)

On August 21, 2017, from around 06:59 to 07:09 on the same day, the Defendant obstructed the convenience store business of the victim by force by putting down the sorarash installed outside the convenience store at the same place as the above A. The Defendant interfered with the convenience store business of the victim.

2. Around August 21, 2017, the Defendant violated the Punishment of Minor Offenses Act (Incompetence) (the “D convenience store”) committed an act of gathering goods from the aged in front of the “D convenience store” located in Gangseo-gu Seoul, Gangseo-gu, Seoul, without justifiable grounds, and incompeting others.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on investigation;

1. Application of the Acts and subordinate statutes to a report on investigation (a CCTV image investigation at the scene);

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (a) (a point of interference with business), Article 19 (a) of the Punishment of Minor Offenses Act (a point of creating unstable), and selection of fines, respectively, for the 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant repents his mistake and reflects his mistake, the defendant has received treatment due to stimulative disorder, and the defendant is hospitalized in the hospital immediately after the crime of this case.

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