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(영문) 수원지방법원 안양지원 2013.07.05 2012고단1210

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Seoul Southern District Court on December 8, 2008, sentenced to a suspended sentence of 8 months for fraud, who was sentenced to 2 years of imprisonment with prison labor for 8 months at the Seoul Southern District Court on December 17, 2009 and sentenced to 6 months of imprisonment with prison labor for interference with business, etc. in the Suwon District Court on December 17, 2009, which became final and conclusive on February 4, 2010, and the said suspended sentence becomes null and void, and on January 3, 2011, the sentence of the said suspended sentence was completed on January 3, 201

At around 21:00 on September 25, 2012, the Defendant: (a) heard the victim’s and customers, including, but not limited to, the victim C (at the age of 54) who had been engaged in a mixed alcohol and had a large voice with a large voice, and (b) made the victim’s bar business operation by force, the Defendant obstructed the victim’s bar business operation by avoiding the disturbance of telephone conversations between the customer who was seated on other tables and the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A report on investigation (a report on hearing statements by a victim);

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (report on confirmation before and after the disposition, report on confirmation of the date of release from the military court, and report on attachment of the same case);

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

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