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(영문) 대전지방법원 2016.12.08 2016고단2725
업무방해등
Text

1. The 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 became final and conclusive.

2...

Reasons

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Daejeon District Court on September 8, 2016, and the judgment became final and conclusive on September 20, 2016.

1. On January 25, 2016, the Defendant: (a) around 00:10 on January 25, 2016, at a restaurant operated by the victim D, Seo-gu Daejeon District, Daejeon, the Defendant: (b) thought the victim to have the wind with her husband; (c) obstructed the victim’s restaurant business by force for about 30 minutes by getting the customers who had been in the said restaurant to out of the cafeteria, such as having the victim take the wind with her husband; and (d) pushing the victim’s shoulder.

2. At around 20:45 on February 10, 2016, the Defendant, at the same place as the above paragraph (1) of this Article, obstructed the victim’s restaurant business by force for about 30 minutes by having the customers who were in the above restaurant go out of the restaurant by exposing the disturbance, such as having the victim walk the door of the restaurant, and having them walk out the restaurant.

3. At around 19:00 on February 12, 2016, the Defendant obstructed the victim’s restaurant business by force for about 30 minutes by keeping the disturbance, such as the vehicle from which the victim was singing the door of the restaurant, and walking the door of the restaurant, etc., and allowing the customers on the above restaurant to out, thereby obstructing the victim’s restaurant business for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A complaint;

1. Previous convictions in judgment: Application of the Act and subordinate statutes of Daejeon District Court 2016 Highest 418, 607 (Joint) and a copy of judgment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 provides that the defendant is starting to commit the crime of this case and is against the law, the principle of equity with the case where the judgment is to be rendered concurrently with the crime which became final and conclusive, and the defendant agrees with the victim.

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