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(영문) 전주지방법원 2017.05.19 2017고단390

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 February 6, 2017, from around 22:10 to 23:10 on the same day, the Defendant: (a) in the “D” restaurant operated by the injured party C in Yansan-gu B; (b) mispercing that the Defendant’s abundance of the packages run by the Defendant was due to the victim’s report; (c) making the Defendant’s abundance and drinking while making a cell phone call, and (d) making the Defendant’s a cell phone call.

1. A bitch of bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch;

As shown, “the inside is this person, and the inside has died with the door being opened.”

It means that this year has been reported and "the victim was so doing," and the victim changed the location of the toilet to the toilet, and the victim changed the location of the toilet to the main toilet.

깡통을 가져 다 달라 ”라고 하면서 바지를 벗는 시늉을 한 후 식당 출입문을 열고 식당 입구에 서서 도로를 향하여 소변을 보는 등 소란을 피워 그 식당에 있던 손님들을 나가게 하고 다른 손님들이 들어오지 못하게 함으로써 위력으로 피해자의 음식점 영업 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. Report on internal investigation (on-site situations, photographs, ctv related thereto, etc.);

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Reviewing the sentencing criteria (the scope of the recommended punishment) [the scope of the punishment] set forth in Article 1 (Interference with Duties] and the reduction area (one month to eight months of imprisonment] is not subject to the punishment;

2. The fact that the defendant recognized the crime of this case in favor of the decision-making of sentence, and the defendant reached an agreement with the victim.