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(영문) 서울동부지방법원 2018.01.11 2017고단3061

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2017, the Defendant, at around 22:00, obstructed the victim’s main business by force by avoiding disturbance, such as drinking alcohol from the victim’s “D” point of the victim C operation in Songpa-gu Seoul, Songpa-gu, Seoul, to demand payment of the drinking value, and taking the victim’s bath without any reason. The Defendant rancing the drinking value from the victim’s drinking point of the “D” point of the victim’s operation in Songpa-gu, Songpa-gu, Seoul, to the victim without any reason. The Defendant ranced the main business of the victim’s drinking business.

around 03:30 on September 21, 2017, the Defendant obstructed the operation of the victim’s main points by force by avoiding disturbance over about 40 minutes, such as “G’s drinking alcohol at the main point,” which was in Songpa-gu Seoul, for the reason that the victim H, an employee of the said business, demands the payment of the drinking value. The victim’s H, who is an employee of the said business, made a serious desire for the victim, and the victim’s sexual intercourses with the victim. The Defendant obstructed the operation of the victim’s main points by force.

Summary of Evidence

"2017 Highest 3061"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Unpaid receipts: "2017 Highest 3544";

1. Statement by the defendant in court;

1. A H statement;

1. Unpaid receipts;

1. Application of Acts and subordinate statutes to data on amnesty of crimes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: It shall be decided as per the disposition for the reasons above all the circumstances, such as the fact that the victim C does not have the effect of punishing the defendant for the same kind of crime: The victim C does not want the punishment for the defendant, and the age, sex, environment, motive, means and consequence of the crime, etc. shall be taken into account;