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(영문) 대구지방법원 의성지원 2016.10.20 2016고단138

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Interference with business;

A. On August 21, 2015, at around 21:20, the Defendant: (a) entered the Edab operated by the victim D (V, 50 years of age) located in the Gyeong-gun, Chungcheongnam-gun; (b) took a bath for customers on other tables; and (c) avoided disturbance, such as lying-in, on the multiple floor, even though the victim was able to grow, thereby obstructing the victim’s multiple-side business by force.

B. On November 23, 2015, the Defendant: (a) around 22:50 on November 23, 2015, 2015, the Defendant was under the influence of the Victim G (F) located in the Gyeongbuk-gun, Gyeongbuk-gun, and brought alcohol to the victim; (b) however, the Defendant interfered with the victim’s restaurant business by force on the ground that “the victim took a large amount of alcohol, but only returned to the house, and the drinking is no longer possible.”

2. On June 6, 2016, at around 16:10, the Defendant entering into a residence room, following the door and math of an open impulse to the room where the victim K (n, e.g., the age 52) residing in the above multi-faceted area is located, and without the victim’s permission, entered the room room room without the victim’s permission and intrudes on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the police with respect to K, G, and D;

1. Application of Acts and subordinate statutes to site photographs and a statement of case handling 112 reports;

1. Article 314 (1) of the Criminal Act (a point of interference with business, choice of imprisonment), and Article 319 (1) of the Criminal Act (a point of intrusion upon residence and choice of imprisonment) concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Interference with Business) and reduction area (1 to 8 months);

(b) endeavoring to recover damage not covered by special mitigation.