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(영문) 인천지방법원 부천지원 2020.02.20 2020고단73

업무방해등

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 28, 2019, at around 23:20 on December 28, 2019, the Defendant: (a) expressed the victim’s 'D’ restaurant operated by the victim C, who is the wife of the Defendant in Bupyeong-si B; (b) expressed the victim’s breath of alcohol; (c) opened the restaurant table in hand; and (d) opened the restaurant table in hand; and (c) opened the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the 2019.

Accordingly, the defendant interfered with the victim's restaurant business.

2. The Defendant, at a time, at the same time as paragraph 1, threatened the victim, “Franch and bitch bitch bitch bitch bitch bitch bitch bitch bitch.” The victim died of the victim. There is no way to franch, but to do so. We will see how she will be within her time, and how she will be within her time, she will do so. It seems that she would go against the harm of the victim, such as “I am.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to the police with regard to the EEC;

1. On the screen of a criminal investigation report (on-site CCTV image verification) and of the screen by capturing the CCTV images attached thereto;

1. The application of Acts and subordinate statutes to investigation report (the mobile phone image submitted by the injured party) ( insofar as the service of the cafeteria operated by the injured party by the threat of force of the injured party, such as the speech of the accused who had been living alone in the above cafeteria continuously avoided the disturbance by leaving the above cafeteria, etc., it cannot be deemed that the crime of interference with business is not established because the accused operates the cafeteria jointly with the injured party).

1. Relevant provisions of the Criminal Act, Articles 314(1) and 283(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Probation and community service order;