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(영문) 서울남부지방법원 2017.01.25 2016고단5364
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B(n, 20 years old) is an employee of convenience store, victim C(n, 38 years old) is an employee of convenience store.

1. On October 9, 2016, at around 09:10 on October 9, 2016, the Defendant: (a) expressed that “E convenience stores” located in Gangseo-gu Seoul Metropolitan Government D, had an employee of the said convenience store “Ihh” without any reason, and had an employee of the said convenience store “Whhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

2. The Defendant was arrested in the act of violating the Act on the Aggravated Punishment, etc. of Specific Crimes for committing the same crime as the crime described in paragraph (1) and released after being investigated, and then was found to be retaliationed against the reporter. On October 9, 2016, around 13:20, the Defendant reported to the victim B at the same place as described in paragraph (1) at around 13:20, around 2016.

The term "domination of "," and the other customers are unable to calculate the value of goods, etc., so it was difficult to avoid a disturbance of about 10 minutes.

Accordingly, the defendant, who knows necessary facts in relation to the investigation of his criminal case, exercised his/her authority without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement prepared in C;

1. Photographs;

1. Application of Acts and subordinate statutes to Ctv outputs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-9(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of exercising the power of a person related to the investigation of a criminal case), and choice of imprisonment

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the Defendant exercised his authority on the ground that the Defendant, with the reason of sentencing under Article 62-2 of the Social Service Order, was drunk at the convenience store, was arrested at the convenience store under the suspicion of interference with business and was released after being investigated, and again reported as the convenience store.

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