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(영문) 의정부지방법원 고양지원 2017.08.18 2017고단1740

업무방해등

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

B On March 29, 2016, upon being sentenced to two years of suspension of execution in six months of imprisonment due to interference with the execution of official duties in order to support the District Court for the District Court, the judgment becomes final and conclusive on April 6, 2016, and is currently under suspension of execution.

1. The Defendants jointly committed the crimes of Defendant A and Defendant B from May 14, 2017 to May 19:50 of the same day, from May 14, 2017, at the E-cafeteria for the operation of the Victim D in Gyeyang-gu C and the second floor of the Gyeonggi-gu Gyeonggi-si, and from May 14, 2017 to 19:50, Defendant A was on the part of his employees under the influence of alcohol, and Defendant A was on the part of his/her name-free customers, and was on the part of the victim who told the Defendant that “A was on the part of his/her mother,

The defendant B puts the big interest as "," and the name in which the defendant A was prevented is a big to the customers.

The term “inception,” and “inception of customers, such as acting, were prevented from entering the restaurant by avoiding disturbance and entering the restaurant.”

As a result, the Defendants conspired with and by force interfered with the victim's restaurant business.

2. On May 14, 2017, Defendant A insultingd the victim H, who was arrested and investigated in the act of committing a crime under paragraph (1), at the G police box located in Seoyang-gu F, Seoyang-gu, Seoyang-gu, Seoyang-gu, 2017, by stating that the victim H, who was the police officer to whom the above G police box belongs, “I see, e.g., f., f., f., f., f., f., f., f., f., f., f., f.,”

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made with H and D;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

1. Relevant Article of the Criminal Act and subparagraph A of the decision on the punishment: Articles 314(1) and 30 of the Criminal Act and Article 311 of the Criminal Act (the choice of imprisonment): Defendant B: Articles 314(1) and 30 of the Criminal Act (the choice of penalty)

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

1. Article 70(1) and Article 69(2) (Defendant B) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Social service order under the Criminal Act;