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(영문) 전주지방법원 2021.03.26 2020고단2015
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2020, the Defendant: (a) discovered at a restaurant operated by the victim C in the Yansan-gu, Jeonju-si, Jeonju on August 1, 2020; (b) provided the victim’s bath with a large interest; and (c) provided other customers who provided meals at the above restaurant with a large interest, and had them leave the restaurant.

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

2. On August 24, 2020, the Defendant found in the above restaurant on August 19:3, 2020 and asked the victim to drink, but the Defendant refused, and attempted to enter the part of the victim while intending to talk to the part of the victim with a large interest of the victim. On the same day, the Defendant returned to the police officer who received the 112 report and was dispatched. On the same day, at around 20:10 on the same day, the Defendant was able to escape from the disturbance, such as finding the victim again in the above restaurant, taking a heavy bath for the victim and other customers, and cutting off the gate.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of 36 photographs (Evidence No. 14) by cutting off on-site photographs, CCTV images at cafeterias, and of the case-related photographs (Evidence No. 28);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the observation and observation of protection, the elements of sentencing under Article 62-2 of the Social Service Criminal Act, and other factors of sentencing as indicated in the records and arguments, including the Defendant’s age, sex, environment, circumstances, circumstances before and after the commission of the crime, etc., the sentence shall be determined as ordered.

Sentencing elements: The victim does not want to be punished against the defendant and exceeds the fine.

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