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(영문) 인천지방법원 2016.11.23 2016고단5558

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant is the Bolar in B B’s Bolar building.

1. Around 22:10 on June 22, 2016, the Defendant interfered with business affairs: (a) found the main points of “E” operated by the victim D on the fourth floor of the Nam-gu Incheon Metropolitan City building C, and obstructed the victim’s main operation by force for about 30 minutes by avoiding disturbance, i.e., setting aside the table table, which was located in the chemical, with the victim’s flag’s flag, as a matter of the care of the victim’s flag’s flag.

Accordingly, the Defendant interfered with the victim's main operation by force.

2. In the above date, at the above place, the Defendant: (a) expressed that the victim F (manam, 55 years old) who was a customer to the above main point was frighting the Defendant; (b) was frighting on the part of the victim by putting the suspected person, who was a dangerous object by hand, left the floor of the dangerous object; (c) putting a shoulderer disease away from the floor of the dangerous object; and (d) threatened the victim with the desire to “hicking, killed, killed;” and (e) during that process, the victim’s face and arms were flicked to the above be flicker with the victim’s face and arms, thereby causing injury to the victim, such as catitis, which requires medical treatment for a period of up to 21 days.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as crypitis that requires treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. On-site photographs;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting the crime under relevant Articles 314 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The degree of injury sustained by the victim is relatively minor and the depth of the crime is reflected, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;