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(영문) 창원지방법원 마산지원 2014.02.19 2013고단474

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 18, 2013, at around 00:40 on April 18, 2013, the Defendant: (a) sent alcohol to the “Eran bar” operated by the victim D (hereinafter referred to as “Eran bar”); and (b) asked the victim to pay the alcohol value to the victim “the thickness to reduce the drinking value together with the Gashes, sibs, sibs, and sibs,” and, upon refusal from the victim, interfered with the victim’s restaurant business by force, the Defendant interfered with the victim’s restaurant business by demanding the victim to pay the alcohol value.

2. At around 01:40 on April 18, 2013, the Defendant: (a) threatened the victim by stating that the victim D, who made the victim’s statement for the said reason, was no longer satisfying; (b) thereby, the Defendant threatened the victim by stating that the victim would be satisfying, satisfying, and satisfying.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning facts constituting an offense: Articles 314 (1) and 283 (1) of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation: Article 62-2 of the Criminal Act;