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(영문) 광주지방법원 2017.07.04 2017고단765

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 14, 2017, the Defendant: (a) found in the “E” restaurant located in the Southern-si located in the Southern-si Do, where the Defendant was in de facto marriage victim C (V, 52 years old) around 17:00 on January 14, 2017; and (b) found in the “E” restaurant employees “Ilve in the future.”

“A cafeteria with a cafeteria in which a cafeteria is set up in a cafeteria to operate the business.”

20kg Rice 6 Ganis loaded on the vehicle and interfered with the victim's restaurant business by force.

2. 2017. 1. 15. 범행 피고인은 2017. 1. 15. 17:00 경 위 식당에 다시 찾아가 그 곳 테이블 위에 있던 유리잔( 맥주잔 24개와 소주잔 48개) 을 바닥으로 밀어 깨뜨리고, 영업을 준비하던 종업원들에게 “ 장사 안 한다는 데 뭣 하러 와서 일하고 있어요.

Dried ice Doz. Doz. Doz.

“At the time of leaving the restaurant,” the following warehouse was located so that brooms can not be brooms and can not open entrances from the outside in front of the restaurant, and brooms can not be brooms.

20kg rice 4 Mazane and charcoal in Defendant’s vehicle, which interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made by the police against F and each part of the police statement made to F;

1. On-site photographs ( January 14, 2014), on-site photographs ( January 15, 2017);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

A. 1) Crime No. 1: Interference with business affairs on January 15, 2017 (the scope of recommendations) by type 1 (Interference with business affairs) in the mitigation area (one month to eight months) (including special mitigation persons), which is not subject to punishment (including voluntary efforts to recover damage): 2: Interference with business affairs on January 14, 2017 (the scope of recommendations).