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(영문) 대구지방법원 2017.03.30 2016고단2785 (1)
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From around 10:30 on May 8, 2016 to 10:50 on the same day, the Defendant: (a) entered into D marina in Daegu-gu Dong-gu, Daegu-gu, from around 10:50 on May 8, 2016; (b) demanded the victim E (V, 20 years of age) who is an employee of the said place to provide alcohol and alcohol to the victim; and (c) when the victim avoided the victim from drinking alcohol in front of the Kabter, the Defendant expressed the victim “SYA” to the victim, and interfered with the victim’s marina business by force for about 20 minutes, including when the victim et al. was placed on his/her hand.

The Defendant and F, around 18:00 on July 4, 2016, at the I restaurant operated by the victim H in Daegu Dong-gu, Daegu, Daegu, about 2016, on the ground that the victim does not provide any more alcohol to the Defendants under the influence of alcohol, F is taking a bath to other customers by a large voice to the other customers, and the Defendant was able to take up the salted fish, and the Defendant was able to take a large volume of voice while getting on the floor, so that customers do not walk in the restaurant.

Accordingly, the defendant and F interfered with the victim's restaurant business in collusion.

Summary of Evidence

"2016 Highest 2785"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The video CD "2016 Goman 3866";

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with H;

1. Application of the respective laws and regulations of J and K;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (in the case of interference with business of 2016 order order 3866 order, Article 30 of the Criminal Act should be added), the choice of imprisonment with prison labor

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and Article 62-2, the violation of Article 1 of the Act on the Punishment of Crimes (Obstruction of Duties) for the Reasons of Sentencing No. 1 [Scope of Recommendations] (Interference with Duties) and No. 2 of the Act on the Protection and Observation of Specific Crimes (Interference with Duties) for which no person has a basic area (from June to one year), [the scope of recommendations] [the scope of recommendations]] for the mitigation area (from January to August) (including special mitigation persons] for the mitigation area (including efforts to recover damage).

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