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(영문) 대전지방법원 2020.04.23 2019고단2339

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On February 10, 2019, from around 00:00 to around 00:15 on the same day, the Defendant interfered with the business of the victim’s bar business by force by following the following methods: (a) the Defendant: (b) the victim C’s “D’ at the main point,” which was in the Seo-gu Daejeon, Seo-gu, Daejeon; (c) the Defendant’s high school line distribution; and (d) the e, a late-time E, who took a alcohol with the Defendant’s high school line, took a brucing act without a brucation; and (d) the Defendant flad the victim’s bar business due to force.

2. Around February 10, 2019: (a) around 00:17, the Defendant inflicted injury on the victim, by taking advantage of the victim E’s head at one time, knenee and drinking knee and drinking knee, and by taking four times the face part of the victim’s face, the Defendant sustained injury, such as internal surgery, felging, and felging, which require approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation (the interview of a victim and the verification of CCTV images);

1. Investigation report (STV dynamic image verification);

1. Application of Acts and subordinate statutes of a letter of entrustment;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act on the grounds that the defendant was only in a weather condition, the defendant prepared a fire extinguisher in advance and continued to use the face of the victim E, who was in a state of brupt, as a portable and undiscriminatory assault, etc., was very excessive and cruel, and the victim E suffered serious damage due to the crime of this case, such as the crime of this case’s excessive and cruel violence against the victim E, and the victim C suffered losses in business.