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(영문) 수원지방법원 2018.04.20 2016고단7306
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2016, the Defendant: (a) around 20:30 on November 14, 2016, at the E restaurant operated by the victim D in Suwon-si, Suwon-si; (b) prior to the above restaurant, when the victim D worked as an employee and retired from work, the Defendant calculated the monthly wage for the six-day period, not a daily wage, and paid the victim, who is the owner of the business, by calculating the monthly wage for the six-day period; (c) upon dismissing the Defendant, the employer was dissatisfied with the employment of the Chinese employee while dismissing the Defendant, and obstructed the business affairs of the victim by force by abusing the type of the job offering advertisement “Isker's machine,” attached to the inside glass in the above restaurant, and by removing the victim’s “Isker's machine, Ispath, and the same year.”

around 18:30 on July 24, 2017, the Defendant: (a) removed the victim’s head debt with a view to breaking up and faceing the victim’s head debt; (b) opened the 201-day head debt, and opened the 20-day head, requiring approximately two weeks of treatment to the victim. (c) On the ground that the victim G (V, 41 years of age) residing in the same building as the Defendant, residing in the same building, and the victim G (V, 41 years of age) was able to cause harm to the Defendant.

Summary of Evidence

"2016 Highest 7,306"

1. Recording of statements made to witnesses D and H on each trial date other than the trial date;

1. On-site photographs " 2017 Highest 5613";

1. Recording of the witness G in a statement outside the trial date;

1. Side photographs of the assault;

1. Application of Acts and subordinate statutes to certificates of injury diagnosis, certificates of medical records;

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been subject to a criminal disposition at least once, and among them, he/she has the record of being sentenced to a suspended sentence for ten months for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.).

The Defendant, even though he did not have to do so.

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