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(영문) 창원지방법원 통영지원 2020.02.12 2019고단1328

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From October 4, 2019 to October 23, 2019:

5. From 00:10 to the point of "E" in the operation of the victim D in the Tong-si, the defendant argued that he did drinking together at the "E" point of the victim D operation, and the defendant, by talking to the customers who had drinking alcohol at that place, was unable to sing, and sing to the monitor by gathering the beer’s disease on the table, and B had a large sound so that customers who had drinking alcohol at that place may not get out of the table, or enter the table because he did not get out of the table by gathering approximately 30 minutes, such as where he did so by gathering the beer’s disease on the table or getting on the floor.

Accordingly, the defendant conspired with B to interfere with the victim's main business by force.

2. On October 5, 2019, at around 00:33, the Defendant received 112 report from the victim I, a policeman belonging to the H district unit in the Tong-gu Police Station H district, who was sent to the Defendant, to ask questions about the details of the occurrence of the case and personal information, and the employees, etc. of the Gap self-d and the above main points, insulting the victim openly insulting the victim by saying, “I am frien, I am gy, and I am dead.”

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement made to D or I;

1. Application of Acts and subordinate statutes to criminal investigation reports (clocks and video attachment);

1. Relevant Article 314 (1) and 30 of the Criminal Act, Article 311 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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. Order of probation and lecture attendance under Article 62-2 of the Criminal Act;