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(영문) 대구지방법원 2015.11.05 2015고단3948

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against each of the assaults is dismissed.

Reasons

Punishment of the crime

On April 30, 2015, the Defendant was sentenced to a suspended sentence of 8 months in the Daegu District Court for the crime of interference with business, etc., and the said sentence became final and conclusive on May 8, 2015, and is currently under the suspended sentence.

1. Around 19:00 on May 19, 2015, the Defendant obstructed the victim’s restaurant business by force by preventing customers entering the restaurant, such as the victim C (man, 59 years of age) in the Daegu Northern-gu, Daegu Northern-gu, from entering the restaurant where the victim works as an employee, “I am hyped and kyped for a year in which sexual traffic is conducted,” and “I am kyp and kyp,” and the victim expressed a desire to do so.

2. Around June 5, 2015, the Defendant interfered with the victim E’s business in G singing room operated by the victim E (man, 50 years of age) located in the Daegu Northern-gu, Daegu Northern-gu, in order to prevent the victim from entering the singing room by force by putting the victim’s singing the victim’s singing room, including “I am unable to bring alcohol, but if I am am her face, I am her face her face her face her face her face her face her face her face her face her face her face her face her face her face her face her face her face her face her face her face her face.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, H, and E;

1. A written statement of I;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification during the period of suspension of execution of sentence), application of statutes concerning judgment;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Type 1 (Interference with Business) and Category 2 (including a person subject to special mitigation) in the mitigation area (one month or August) in the mitigation area (including a person subject to serious effort to recover damage), which are the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders (the scope of recommending punishment) (the scope of recommending punishment) and the mitigation area (one month or August) in the mitigation area (including a person subject to special mitigation).