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(영문) 부산지방법원 2014.07.24 2014고단3888

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 31, 2012, the Defendant was sentenced to eight months of imprisonment with labor at the Busan District Court for the crime of interference with business, and completed the execution of the sentence at the Busan Correctional Institution on May 17, 2013.

[2014 Highest 3888] On April 7, 2014, the Defendant and C took food and drinking in an amount equivalent to KRW 44,000, such as 3.00, around 17:00, at the F cafeteria operated by the victim E, which was operated by Busan B, and on the same day, C took a bath to the victim on the ground that the victim got a station instead of drinking in the service. At around 21:00 on the same day, C took a bath for the reason that the victim got a station in lieu of drinking with the service, and she took the baby and beer’s disease on the floor, and the Defendant took a look at the other customers who want to stop C, and the Defendant was able to take the bath, such as “whether he interfered with the selection,” and she took a bath.

Accordingly, the defendant and C conspired to allow other customers to leave the above restaurant and interfere with the victim's restaurant operation by force over about one hour and twenty minutes.

[2014 Highest 4139] On March 28, 2014, the Defendant committed assault against the victim by gathering five fluories, an empty fluor, which was a dangerous object, by gathering a brue with the victim’s abrupt, on the ground that the Defendant’s abolition of the Defendant’s collection and the collection by the victim H (the age of 72) of the water was carried out.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. Police suspect interrogation protocol of the accused;

1. E prosecutorial statement;

1. The police statement of H;

1. Photographs (on-site, etc.);

1. Investigation report (on-site, etc.);

1. Previous records: Application of criminal records and investigation reports ( current status of personal identification and confinement records, court rulings, etc.);

1. Interference with relevant legal affairs concerning criminal facts: Violence, etc. with lethal weapons under Articles 314 (1) and 30 of the Criminal Act;