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(영문) 서울남부지방법원 2017.11.10 2017고단3874
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On February 5, 2014, the Defendant was sentenced to a two-month suspension of the execution of official duties at the Seoul Southern District Court on April 2, 2014, and was sentenced to imprisonment with prison labor for larceny at the Suwon District Court on August 8, 2014, which became final and conclusive on August 22, 2014, and completed the execution of the said sentence on December 30, 2014 after the sentence of the said suspension of execution became final and conclusive. On September 10, 2015, the Defendant was sentenced to seven months of imprisonment with prison labor for interference with business affairs at the Seoul Southern District Court and completed the execution of the sentence on November 13, 2015; on April 1, 2016, the Defendant was sentenced to imprisonment with prison labor for not more than eight months for interference with business affairs at the Seoul Southern District Court and completed the execution of the sentence on October 27, 2016.

On August 3, 2017, at around 18:06, the Defendant: (a) sent an article to E (a) of convenience stores located in Gangseo-gu Seoul Metropolitan Government D convenience stores without any justifiable reason while drunkly working therein; (b) “packer has a permanent domicile; (c)”, “packer shall come to a different branch; (d)” and “hacker,” and “E,” expressed a desire to do so to E, for about 20 minutes, such as raising time expenses to customers who found him/her.

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site CCTV images;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report to the prosecution (the confirmation of the expiration date of the last sentence of the suspect), output of the current status of the confinement of the suspect, report to the prosecution (related to repeated crimes) and application of the statutes

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.

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