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(영문) 서울남부지방법원 2014.04.15 2014고단738

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 5, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of interference with business, etc. at the Seoul Southern District Court, and completed the execution of the above punishment on May 24, 2013.

【Criminal Facts】

1. From 19:30 to 21:00 on February 2014, the Defendant: (a) “K” restaurant operated by the Victim J (V, 42 years of age) in Guro-gu Seoul; (b) “K,” without any justifiable reason, the Defendant: (c) expressed that “the fluor of bit bit bit bit bit bit bit bit bit bit bit bits,” and (d) expressed that “the bit bit bit bit bit bit bit bit bit bit bit bits,” and “the bit bit bit bit bit bit bit bit bit bit bit bit bit bit bits,” and (c) made customers feel out of the place.

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

2. From around 11:00 to 12:00 on March 9, 2014, the Defendant, without any justifiable reason, expressed that “a bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Previous records: Application of Acts and subordinate statutes on criminal records, etc., personal identification and confinement status;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;