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(영문) 서울북부지방법원 2018.03.15 2017고단5418

업무방해

Text

A defendant shall be punished by imprisonment for six 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

[2017 Height 5418] On November 16, 2017, the Defendant: (a) 22:30 on the part of the victim C in Jungdong-gu, Seoul; and (b) expressed the victim’s talking that “a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of 3

[2018 Godan 1111] On November 24, 2017, the Defendant: (a) entered a restaurant operated by the victim E in Jongno-gu Seoul Jongno-gu Seoul on November 24, 2017; (b) took a bath to customers at a large interest without any justifiable reason; and (c) opened a plastic table in front of a restaurant, thereby obstructing the victim’s restaurant business by force by avoiding disturbance over about one hour.

Summary of Evidence

[2017 Highest 5418]

1. Statement by the defendant in court;

1. C’s statement (2018 Height 111);

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Prior photographs of the F main entrance and exit doors;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 314 of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with business) and the choice of imprisonment with prison labor 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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is punished for the same kind of crime and is punished for violent crimes.

Nevertheless, the crime of this case was committed again.

However, the defendant is in depth against the defendant when committing the crime of this case.

As a contingent, this case was committed by the victims, and the victims wanted to take action against the defendant by mutual consent with the victims.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.