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(영문) 인천지방법원 부천지원 2020.05.13 2019고단3490
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2019, from around 04:30 to 05:10, the Defendant: (a) expressed body to foreign women who were eating food in the instant restaurant at D’s “D” restaurant where Kimpo-si C works; and (b) expressed the victim’s desire to catch one of the above women, the Defendant obstructed the victim’s restaurant business by threat of force for about 40 minutes, such as: (a) expressed the victim’s desire to stop selling one of the above women; and (b) expressed the victim’s desire to call the “welth” several “welth”; and (c) coming from the meals in another table, the unclaimed male, who had been eating on the floor, allowed them to get out of the floor, or interfere with the eating service of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

Although there was three times of punishment due to the crime of interference with business, the defendant committed the crime of this case, thereby obstructing the victim's business, and also causing fears and fears to customers in the victim's workplace.

The favorable circumstances: the defendant has the time to commit the crime of this case, is against himself, and the victim has not been punished.

In addition, the sentence shall be determined as per the order, comprehensively taking into account the sentencing conditions shown in the trial process of the instant case.

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