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(영문) 수원지방법원 평택지원 2019.09.19 2018고단2006
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant was sentenced to two years of suspension of the execution of ten months of imprisonment with prison labor for assault, etc. at Suwon District Court, and on May 19, 2017, the Defendant appears to be a clerical error, and thus, the Defendant is not in the period of suspension of the execution. The above judgment was finalized.

1. Interference with business;

A. On November 15, 2018, around 15:25, 2018, the Defendant demanded the victim C (at the age of 57) to return goods purchased from the victim at the D restaurant operated by the victim C (at the age of 57), and the Defendant argued with the victim that the victim was living on the floor of the ecological wastes snicked by other customers, thereby interfering with the victim’s legitimate restaurant business by force.

B. At around 16:50 on the same day, the Defendant resisted the victim that the victim reported to the police due to the above Defendant’s act, and took a bath to the victim, “We have reported this year to the police”, and obstructed the victim’s legitimate restaurant business by force by: (a) obstructing the victim’s lawful restaurant business by forcing the victim to wear his/her pedal, such as “I have reported this year to the police; (b) I have come to the same time as I have reported this year to the extent I have reported by Nice; and (c) having her to the extent I have reported this year; (d)

2. The Defendant of the assault shall be subject to paragraph 1(b).

On the grounds that the victim reported to the police at the time and place stated in the port, the victim abused the victim by putting the head debt of the victim in his/her hand and her trace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Each internal investigation report and investigation report;

1. On-site photographs;

1. Inquiry reports on criminal records, etc. and application of Acts and subordinate statutes to criminal investigation reports (related to criminal records of a suspect);

1. Relevant Article 314 (1) of the Criminal Act (a point of interference with business), Article 260 (1) of the Criminal Act (a point of violence) and the choice of imprisonment for a crime;

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. Probation and the reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order are followed after the defendant was sentenced to suspended sentence for violent-related crimes.

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