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(영문) 대구지방법원 2020.12.03 2020고단1737
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On June 3, 2019, from around 19:20 to 19:50 on the same day, the Defendant: (a) took a bath to the cafeteria in the middle of the operation of the victim C in Daegu Suwon-gu, with the influence of alcohol, and (b) obstructed the victim’s restaurant business by placing four commercial telephone rackers in the said cafeteria; (c) preventing the call from being made; and (d) preventing customers who want to use the cafeteria from being able to enter the cafeteria, and preventing them from being able to enter the cafeteria by avoiding the disturbance for about 30 minutes; and (d) preventing them from being able to enter the cafeteria, thereby obstructing the victim’s restaurant business by force.

2. On June 3, 2019, at around 20:05, the Defendant voluntarily moved the disturbance in the said restaurant operated by the victim C (37 years of age) to the Dosan District Unit as a fact of avoiding the disturbance, and then, the Defendant made the victim the victim saying, “I am in a solitary manner at all times, I am in a solitary manner, I am in a solitary manner, I am in a cafeteria,” and the Defendant threatened the victim by gathering a double-style food (32 cm in total length, 20 cm in length, 20 cm in a day) which is a dangerous object in the cafeteria line. I am in a way that “I am in a solitary, I am only, I am, I am, I am, I am, I am, I am.”

In this respect, the defendant carried a dangerous article, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the witness C and D’s respective statutory statements, investigation report on seizure list (a detailed statement of the processing of the reported case) and investigation report (a report prepared by police officers dispatched to the site is attached to the report prepared by the police officers dispatched to the site) shall apply;

1. Relevant Article 314(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of punishment for a crime, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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