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(영문) 창원지방법원 통영지원 2013.11.13 2013고단731
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 1, 2013, at around 03:45, the Defendant: (a) found the victim C’s exclusive drinking points of the operation of the victim C, around 03:45, the Defendant refused to provide alcohol to F, female employees of the Republic of Korea, who had the Republic of Korea’s nationality; (b) refused to provide alcohol to the Republic of Korea; (c) stated that the female employees are accompanied by the nameless female employees within the said main place and expressed the intent to “Shos and telephone to the president”; and (d) stated the scrapers in front of the said main place;

놨다 하며 위협적인 태도를 보이고, 상의 단추를 풀어 상반신 문신을 보여주면서 고함을 지르는 등 약 30분간 소란을 피워 위 주점 손님들을 나가게 하였다.

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

2. On September 12, 2013, at around 08:30 on September 12, 2013, the Defendant: (a) expressed that “H restaurant operation (“H restaurant”); (b) I and J, a restaurant employee, “I have boomed for the same year, boomed; (c) boomed; and (d) I and J, on the one hand, do not have a fixed quantity; and (b) I and J expressed that “I will not control a restaurant by booming the door of the upper half of the body and the boom,” and they interfered with the upper part of the body while cutting the upper part of the body and booming the boom, with the police officer called.” (c) I and J, a restaurant employee.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning I, G, C, and F;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Of concurrent crimes, the accused for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act shall be the accused on August 29, 2012.

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