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(영문) 대전지방법원천안지원 2020.11.20 2020고단2201
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On August 1, 2020, at around 22:30, the Defendant obstructed the Defendant’s restaurant business by force for about 10 minutes, such as: (a) at the D restaurant operated by the Victim C (Y, 56 years old); (b) at the time of drinking alcohol, the Defendant: (c) at the D restaurant operated by the Donnam-gu, Dong-gu; (d) two customers on the name unclaimed in the name table, who are seated on the next table; (e) the victim’s business was closed; and (e) the victim demanded that he go out of the cafeteria; and (e) the outing of the cafeteria would turn off the restaurant lighting; and (e) the outing of the bar line with the alcohol line on which he was on the upper table, and (e) caused the victim’s restaurant business by force for about 10 minutes.

2. Around August 1, 2020, the Defendant damaged the above glass window so that the repair cost would be KRW 3.90,000,000 in front of the restaurant as described in Paragraph (1) by 3:3:11, a stone (scale: about 30 cm) which is a dangerous object located in the vicinity of the restaurant, and putting about 3:30,000 won of the market value located in front of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the victim’s report on internal affairs in their respective statements, on-site and damaged photographs, and investigation reports (CCTV video recording security);

1. Relevant Article 314(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

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 on the stay of execution (Taking into account that the defendant is against himself and there is no criminal record exceeding the fine);

1. Social service order under Article 62-2 of the Criminal Act;

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