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(영문) 대구지방법원 2013.08.29 2013고단4318

폭력행위등처벌에관한법률위반(상습재물손괴등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was sentenced to imprisonment with prison labor for not less than two years and six months for the violation of the Punishment of Violences, etc. Act at the Daegu District Court on April 20, 2001; on July 21, 2004, the Jeju District Court sentenced him to six months for the obstruction of performance of official duties; on April 19, 2005, he was sentenced to one year and three months for the violation of the Punishment of Violences, etc. Act at the Daegu District Court on April 24, 2006; on November 24, 2006, he was sentenced to a fine not less than one year and three months for the obstruction of performance of official duties; on February 4, 2008, a fine not less than 20 won for damages to property at the Daegu District Court on March 19, 2008; and on March 20, a fine not less than 10 years for the obstruction of or damage to property, etc. at the Daegu District Court on February 10, 2015.

1. On May 22, 2013, at around 21:20, the Defendant: (a) requested the victim to “E” restaurant operated by the victim D (year 57) located in Daegu Northern-gu Seoul Northern-gu to “dicule alcohol,” but, on the ground that the victim was denied, the Defendant 5 customers, who were fluent at the restaurant, were fluored out of the restaurant, by following up a 10-minute table, such as “Choe flue, fluor, and so on” and fluoring a large lusium on the ground that the victim was aware of his refusal.

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

2. Violation of the Punishment of Violences, etc. Act (Habitual destruction, damage, etc.).