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(영문) 대구지방법원 상주지원 2014.11.25 2014고단456
업무방해
Text

A defendant shall be punished by imprisonment for six 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

1. On August 4, 2014, at the D restaurant operated by the victim C (here, 48 years of age) who was permanently stationed at B on August 19:10, 2014, the Defendant: (a) under the influence of alcohol, expressed the victim’s bath that “I wish to engage in funeral; (b) I wish to see whether I will do so; and (c) I wish to see that I would see whether I would see it; and (d) I would like to see that I would see that I would see she would she she would she, and that I would like to see she would she she, and that I would like to she from the place.” (a) I would like to see that I would like to she would she would she would she would she want to engage in funeral; and (b) I would like to she would like to she to she by

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

2. On August 5, 2014, at around 16:25, the Defendant expressed that, under the influence of alcohol, the Defendant entered the said D restaurant’s 3 rooms and 9 rooms of the said restaurant, he saw the customers who were in the said restaurant to be “low and Chewing,” and opened the cups at the entrance of the main room to the main room. The Defendant saw the two-minutes of the victim’s breath, knife, knife the victim’s knife, and knife the victim’s right knife on a hand, and knife the victim’s right knife on a single-time knife., the Defendant 20 minutes of the victim’s knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of the police protocol of statement C (No. 2, No. 7 of the Investigation Records) to the Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is not only a fine imposed on a defendant for property damage in 2007 but also there is no particular record of punishment for the last ten years, the victim and the victim have agreed smoothly, and the defendant's age, character and conduct are also the defendant's age.

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