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(영문) 서울북부지방법원 2019.02.14 2018고단4099

업무방해

Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

[criminal power] On August 10, 2017, the Defendant was sentenced to four months of imprisonment for the crime of interference with business, etc. at the Seoul Eastern District Court, and completed the execution of the sentence on October 15, 2017.

【Criminal Facts】

around 21:20 on September 29, 2018, the Defendant expressed that “D” restaurant operated by the victim C (here, 35 years of age) located in Dongdaemun-gu Seoul Metropolitan Government, “I am equal to bit bit bit bit bit bit bit bit bit bit bit bit,” on the ground that other customers are sleep,” and that the police officer dispatched after receiving 112 a report, she saw that the Defendant was flicked, and she took the Defendant’s walk out of the restaurant.

Nevertheless, at around 23:20 on the same day, the Defendant found the restaurant again, and expressed the victim and its customers with a large voice, “Schch f. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch. ch.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

around 20:30 on December 14, 2018, the Defendant was unable to avoid disturbance for about 20 minutes on the ground that around 20:0 on December 14, 2018, the Defendant: (a) around “G” restaurant operated by the Victim F (F (FF, 59 years of age) in Dongdaemun-gu Seoul; (b) other customers, who were the side tables, were in a large voice to the next customers; and (c) took a bath in a large amount; and (d) she was able to take a boom, she was able to escape a disturbance for about 20 minutes on the floor.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

[2018 Highest 4099]

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on internal investigation (with respect to a report by the suspect 112);

1. Two copies of a report processing statement; and

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of suspect repeated records, etc.), copies of the judgment, and current status of acceptance by individuals (2018 Godan5476);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (to have telephone conversations of witness H);

1. A receipts for food payments, on-site photographs;