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(영문) 부산지방법원 동부지원 2018.07.16 2018고단990
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

1. On April 15, 2018, from around 16:37 to 17:23 of the same day, the Defendant: (a) was under the influence of alcohol at the D convenience store where the victim C in the Southern-gu B and 1st century works as an employee; and (b) was unable to avoid disturbance for about 46 minutes, including, but not limited to, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, and continuously drinking, drinking, drinking, and running, drinking, using the said convenience store.

By force, this interfered with the convenience store business of the victim.

2. On April 15, 2018, the Defendant: (a) around 17:12, at the convenience stores as indicated in paragraph (1) around 17:12; (b) at the seat of the Kabter, the Defendant put one fluor in a fluor, with no consent of the damaged party, at the market price equivalent to KRW 700.

Accordingly, the Defendant stolen the property managed by the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs of damaged articles;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 329 of the Criminal Act, and the choice of imprisonment with prison labor 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 62 (1) of the Criminal Act on the suspended execution;

1. The scope of final sentence due to multiple concurrent crimes (one to one year and six months) for the reasons for sentencing under Article 62-2 of the Social Service Order and one crime (Obstruction of Duties) [the scope of recommendations] for the violation of Article 62-2 of the Criminal Act, the basic area (one type of business obstruction) [the scope of recommendations] for the violation of Article 62-1 of the Act, and the basic area (two months through one year and six months) of the crime (the scope of recommended punishment] [the scope of recommendation] of the basic area (two types of general larceny) of Article 2 of the Act on the Larceny of General Property] [the absence of a special sentencing person]: Six months to two years [the decision of sentencing] and three months [the decision of sentence] of six months and two years and three months [the degree of damage and all years], but the crime of this case is again decided to have committed the crime of this case.

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