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(영문) 대구지방법원 경주지원 2016.10.27 2016고단471

업무방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of interference with business by the Ulsan District Court on the crime of interference with business seven times.

Criminal facts

At around 22:30 on March 26, 2016, the Defendant: (a) placed in Ulsan Jung-gu, Ulsan-gu, in the main point of “A” where the victim E (n, 48 years of age) was employed as an employee; (b) placed in a mixed drinking, calculated the drinking value; (c) placed the mixed drinking at the main point; and (d) placed the customer at a large interest rate without any particular reason; and (c) demanded at will that the Defendant stop singing from the customer while he sing the beer and singing at the cooling house, he voluntarily puts the beer, “I want to die, but I want to do so, bit bit of a bitch bitch,” and “I am out of the main point of “I am bit of a bitch,” and, at the same time, I am out of the main point of “I am am unable to take the customer’s bath, thereby obstructing the victim’s operation of the customer’s team by force from 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Each investigation report (a detailed statement of processing the 112 Reporting Case and attaching field photographs, recording of the E-mail statement and summary of statement by a witness);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of the previous and summary order);

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (number of extenuating circumstances, such as the fact that the defendant has repented his mistake in depth and that the defendant has smoothly agreed with the victim);