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(영문) 인천지방법원 2020.08.13 2019고단8414
업무방해
Text

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

Reasons

Punishment of the crime

[criminal power] On August 25, 2016, the Defendant was sentenced to imprisonment with labor for the crime of interference with business, etc. by the Incheon District Court, and the execution of the sentence was terminated on May 8, 2017.

【Criminal Facts】

around 05:10 on September 25, 2019, the Defendant was unable to avoid disturbance for about 40 minutes, such as d'D' operated by the victim C (n, 62 years of age) in Seo-gu Incheon, Seo-gu, Incheon, taking a large interest under the influence of alcohol, and raising time fees to other customers.

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

On January 29, 2020, from around 10:00 to around 11:30 of the same day, the Defendant: (a) 10:00 on January 29, 202, the victim F, operated by the Seo-gu Incheon Seo-gu, took a heavy bath in the “G” restaurant operated by the victim F, and (b) 1:30 minutes of the disturbance, such as taking a heavy amount of time to other customers, and (c) having other customers in the restaurant, thereby obstructing the victim’s restaurant business by force.

『2020고단3114』 피고인은 2020. 3. 29. 20:40경 인천 서구 H에 있는 피해자 I이 운영하는 'J'에서, 다른 손님이 젓가락으로 이를 쑤셨다는 이유로 소리를 지르며 시비를 걸고, 이에 피해자로부터 조용히 해달라는 요청을 받자 ‘이 새끼야, 손님이 저렇게 하는 게 잘못된 것 아니냐’라고 욕설을 하고 고함을 치는 등 약 40분 동안 위력으로 피해자의 정당한 음식점 영업 업무를 방해하였다.

Summary of Evidence

One of the summary of the evidence in each case shall be consolidated and recorded.

1. Defendant's legal statement;

1. Each statement of C, F, K, and L;

1. Each investigation report (Interference with business), each 112 report processing table, each ctv video data closure, and an interim statement of the amount of food for eating ordered by the defendant;

1. Previous records: Application of criminal records, investigation reports (including attachment of related cases and personal confinement records), and Acts and subordinate statutes (including attachment records);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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