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(영문) 서울동부지방법원 2014.08.29 2014고단888
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 23, 2007, the Defendant issued a summary order of KRW 500,00 as a result of the crime of interference with business at the Seoul Eastern District Court, and KRW 1,500,000 as a fine for the crime of interference with business at the above court on October 5, 2012. On January 13, 2010, the above court issued a fine of KRW 300,000 as the same crime, and on March 30, 201, the above court was sentenced to a fine of KRW 70,000 as the same crime, and on July 19, 201, the above court was sentenced to a suspended sentence of KRW 2 years for six months due to the crime of obstruction of performance of duties, and on November 14, 2012, the above court was sentenced to a fine of KRW 500,000 as the crime of causing property damage, and was subject to violence at ten times.

From March 24, 2014 to 21:45 of the same day, the Defendant: (a) from around 20:30 on March 24, 2014, the victim’s restaurant business was obstructed by force by having the victim’s restaurant business operated by the victim C, who was demanded by the employees of the said restaurant to take out of the restaurant without any justifiable reason, and was able to demand the said restaurant to take out the restaurant.

around 06:10 on June 3, 2014, the Defendant: (a) took a large amount of alcohol from the victim’s “G main store” in Songpa-gu Seoul, Songpa-gu, Seoul; (b) took a large amount of alcohol from the victim; (c) took the victim’s desire to return to the house, and (d) took the victim’s appearance of the customers who drink in other tables using a mobile phone, taken the images of the customers who drink in other tables, and expressed their desire to do so, thereby obstructing the victim’s main business by force for about one hour.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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