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(영문) 수원지방법원 2020.01.30 2019고단6977

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 19, 2019, between 03:23 and 03:54, the Defendant interfered with the business, within the “D” restaurant managed by the victim C (n, 53 years of age) in Suwon-si B, Suwon-si, the Defendant: (a) dumped customers in the restaurant while under the influence of alcohol; (b) dumped them, dumped them with a view to drinking; and (c) obstructed the victim’s restaurant operation by force by force, such as following the levibs in the kitchen while taking a bath to the victim; and

2. The Defendant, at the time and place indicated in the above Paragraph 1, assaulted the victim by hand on the ground that the victim was prevented from her own during the process of scaming the disturbance, such as her scambling at one time, and her scam less than the scam of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C and E;

1. One on-site photograph;

1. Application of Acts and subordinate statutes in one copy of a photograph of a CCTV at the generated place;

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are considered: the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the circumstances after the crime were committed, and the sentence is determined as ordered.

- No effort is made to recover damage / majority of the previous convictions