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(영문) 서울중앙지방법원 2017.11.29 2017고단7103

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to a suspended sentence of two years in October by obstructing business operations at the Seoul Central District Court on January 20, 201, and such judgment is identical.

2.1. Finality has been made.

On October 6, 2017, at around 04:0, the Defendant tried to smoke tobacco while drinking alcohol and food at the “E” restaurant operated by the victim D in Seoul Special Metropolitan City C2. On October 6, 2017, the Defendant removed the network for the release of the windowless windows in the market price on the table by hand, while taking a serious bath for employees.

Then, in the case of the other tables, the customers who were able to take a bath and take a face of the customers by hand, and the customers who were able to take a bath for about 2 hours, such as provokinging the face of the customers by hand, and making the customers who were able to take a bath from the damaged person.

Accordingly, the Defendant interfered with the victim's restaurant business by force as above, and damaged the victim's shock network.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A written statement;

1. Application of statutes on site photographs;

1. Articles 314(1) and 366 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. In the case where actual damage is minor, the scope of the final sentence due to the aggravation of multiple crimes (i.e., damage to property) in the mitigation area (i., January to June) of Article 37, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Reasons for the Sentencing [Scope of the Sentencing] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (i.e., interference with business] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (ii) of Article 2 of the Act on the Aggravated Punishment of Crimes (i.e., June to January 6), and Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes (i.e., interference with business] of Article 1 of the Act on the Aggravated Punishment of Crimes (ii) of Article 1 of the Act on the Aggravated Punishment of Specific Crimes [Scope of the

However, the defendant committed the crime of this case again during the period of suspension of execution due to the same crime.