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(영문) 대구지방법원 포항지원 2017.04.26 2016고단1312
업무방해등
Text

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

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

Reasons

Punishment of the crime

From September 22, 2016 to 01:00 on September 22, 2016, the Defendant: (a) from the 22:00 on September 22, 2016 to the 01:00 of the following day, the Defendant: (b) from the north-gu C, and the victim D’s “E cafeteria;” among other customers, the Defendant: (c) from the victim’s seated, the Defendant she she saw the victim as her seated, her seated, her seated, her seated, her seated, and her seated, and she her talked, she was her seated in any other place than the inner space, she was her seated, she would leave the her seat her seated, she was fluened, and she was obstructed by force of the victim during three hours of business operation, such as force of the victim.

"2016 Highest 1490"

1. The Defendant, at around 10:00 on November 13, 2016, performed alcohol in the HDao operated by the victim G in Ulsan-gu, Ulsan-gu, Seoul-gu, and made a name influenite and a telephone with the victim’s name influence, and then threatened the victim with the victim’s attitude of “a person who was influenced by this mother’s call, is a person whose inside and outside, and who was against the end of this mother, may die, and a person who was influenced with the victim, may die, and a person who was influenced with the victim.”

2. The Defendant, in the above date, time and place, threatened the victim at the above time and place, but did not carry on the business today. As such, the Defendant, in turn, changed from outside.

Despite the request, the victim's refusal to comply with the request to leave was rejected.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 283(1) of the Criminal Act (the point of intimidation), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to withdraw), and each 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. The reasons for sentencing under Article 62(1) of the Criminal Code, and the age, sex, and environment of the defendant.

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