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(영문) 부산지방법원 서부지원 2018.11.30 2018고단1208

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 3, 2018, the Defendant: (a) around 04:00 on April 3, 2018, the Defendant 1208 expressed a bath to female customers who drink at a certain point to “E” point of “E,” operated by the victim D in Busan Ya-gu, and, (b) took the Defendant’s clothes, she took the Defendant’s clothes, she took the Defendant’s clothes, she took the Defendant’s clothes, and she took the Defendant’s walk, she took the Defendant’s walk, she took the victim’s right side by walking the victim’s kne, walking the victim’s walk at one time.

Accordingly, the defendant interfered with the victim's main business by force.

On June 2, 2018, the Defendant, at around 04:00 on June 2, 2018, by deceiving the victim as if he did not have the intent or ability to pay the alcohol value in the singing room operated by the victim G in Busan, Busan, the Defendant was provided with alcohol and alcohol equivalent to KRW 2.70,00 in the market price from the victim as if he did so.

Summary of Evidence

"2018 Highest 1208"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report, and victim's photograph "2018 Highest 1511";

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes concerning field photographs and drinking value receipts;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment, respectively, for the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) A type 1 (less than KRW 100,00) in the mitigation area (one month to one year) (a person with a special mitigation) (a person with a special mitigation), the punishment of which is not imposed, or where considerable damage has been recovered;

(b) Type 1 (Interference with Duties) for mitigation area (one month to eight months) for 2 crimes (including special mitigation persons) (including serious efforts to recover damage);

(c)endend by aggravating multiple offenses.