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(영문) 춘천지방법원 강릉지원 2017.05.16 2017고단350
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 15, 2017, the Defendant: (a) put an employee’s hand while under the influence of alcohol in Bupyeong-si, 09:00 on February 15, 2017; (b) put the employee’s hand, without any particular reason, while being drunked by the victim D; and (c) boomed with “Isia Ac and Isus, Isus, Isus, Isus, Isus, Isus,” thereby creating an atmosphere of fear; and (d) boomed for a period of up to one hour.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of investigation (in relation to an on-site investigation), report of investigation (in relation to an on-site investigation, hearing of statements by a victim) and the application of statutes

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that his/her mistake is divided and that he/she has agreed with the victim smoothly);

1. Article 62-2 of the Criminal Act of the community service order (including the fact that there are several times the records of punishment for violent crimes);

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