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(영문) 수원지방법원 2016.11.17 2016고단5938
업무방해등
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. Around September 21, 2016, the Defendant interfered with the victim C’s business on September 21, 2016, the Defendant ordered the victim C (58 years of age) who is located in Suwon-si, Suwon-si to drink with alcohol exceeding 20,000 won in a total market price, and ordered the customer to take a bath on other tables without any particular reason, and then interfered with the victim’s legitimate food entertainment business by force by force, such as pressing the alcohol and the alcohol on the table.

2. Obstruction of business to, and fraud in, victims F;

A. At around 22:00 on September 24, 2016, the Defendant obstructed the victim’s legitimate food reception service by force by placing an order for drinking and drinking alcohol equivalent to 30,000 won in total at the market price within “H” operated by the victim F (57 years of age) of G underground of the Suwon-gu Suwon-si, Suwon-gu, Suwon-si, for approximately one hour, by placing customers on the next table without any particular reason, with a view to getting them out of the market price.

B. The Defendant, in fact at the time and place specified in the above paragraph 2, was provided with alcohol and alcohol equivalent to KRW 30,000 in total at the market price by the victim as if he/she did not have an intent or ability to pay the normal drinking value because of the lack of money other than KRW 2,000 in water, and was ordered to pay the normal drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of damage;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act 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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is against the defendant, and the victim agreed with the victim F., and the victim want to be punished against the defendant.

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