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(영문) 수원지방법원 2014.11.03 2014고단4143
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 4, 2014, at around 21:15, the Defendant: (a) expressed the disturbance to “D restaurant” located in Suwon-si C, Suwon-si; and (b) obstructed restaurant business by force for approximately twenty-five minutes, such as: (c) having the principal E, “I am, sing ice, Ne, Ne, reported to the police,” and (d) having the customers outside the restaurant; (d) preventing the victim from doing so; and (e) holding the entrance outside the gate and continuing to enter the restaurant, “I am off and open the entrance; and (e) having them return to the restaurant.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing the alternative sentence of imprisonment is that the Defendant was punished several times for crimes such as violence, interference with business, etc. In particular, even though the Suwon District Court was sentenced to a suspended sentence of two years in October on August 29, 2013 due to the crime of interference with business, etc., it is difficult to find out the situation that the Defendant again committed the instant crime during the suspended sentence and it is highly likely to repeat the crime.

Therefore, the defendant shall be sentenced to one year of imprisonment.

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