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(영문) 부산지방법원 2017.04.13 2016고단7920
업무방해등
Text

1. Defendant A shall be punished by imprisonment with prison labor for five months.

2. Defendant B shall be punished by a fine of KRW 1.5 million.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to the suspension of execution on October 15, 2015 to six months of imprisonment with prison labor by obstructing business operations at the Busan District Court on October 23, 2015, and the decision became final and conclusive on October 23, 2015 and is currently under the suspension of execution.

[Criminal facts]

1. Defendant A

A. On October 19, 2016, around 02:30 on October 19, 2016, the Defendant interfered with the business of the victim’s convenience store by force, including the victim’s “F convenience store” located in Busan Busanjin-gu, and refund problems with the victim’s victim B (78 years of age) who is an employee, and the victim’s “Iskh and Chewing impule,” and flaging the victim’s flag, and flaging the victim’s flag, and destroying the plastic flag outside the convenience store.

B. At around 07:00 on the same day as the above paragraph (a) above, the Defendant spiting the horses that the victim B “to report to the police” at the same place as above, and assaulted the victim’s face by taking spiting the victim’s face, spiting the brine into the victim’s face, making the brine into the victim’s face, and drinking the victim’s face.

2. Defendant B, at the same time, at the same place as the above-mentioned 1-B B, and at the same place as the victim A (n, 44 years of age)’s above-mentioned B, assaulted the victim’s face to take out of the convenience store by advertising against the victim A (n, 44 years of age).

Summary of Evidence

1. The defendant A's partial statement

1. A legal statement of a witness;

1. A protocol concerning the examination of suspect against the defendant B;

1. A criminal investigation report (CCTV verification);

1. Records of the judgment: (A) a response to inquiries, such as criminal history, reporting on the results of confirmation of the previous conviction of the disposition, and the application of statutes of Part I of the judgment;

1. Relevant Article 314(1) of the Criminal Act (a) and Article 260(1) of the Criminal Act (a point of violence) and Article 260(1) (a) of the Criminal Act, Defendant B who selects imprisonment with labor: Article 260(1) of the Criminal Act (a point of violence) and the choice of fines;

1. A aggravated criminal defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two punishments).

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