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(영문) 청주지방법원 충주지원 2015.10.23 2015고단289
업무방해등
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

1. On November 201, 2014, the Defendant: (a) around 00:0, the Victim C, operated by the voice group B, intended to pay the amount of the singing room fees later by using the singing room service; (b) however, the Defendant: (c) expressed the victim’s desire to pay the amount of the charges continuously before the said singing room; and (d) expressed the victim’s talking that “the customers who used the singing room would be able to do so later; and (c) talked with the voice, and interfered with the victim’s singing room business by using force for 30 minutes; and (d) interfered with the victim’s singing room business for four times from October 2012 to December 2, 2014 by using the said method as indicated in the list of crimes as shown in the attached Table.

2. Intimidation and property damage: (a) around December 2014, the Defendant ordered the Victim F, operated by the Victim F, who was in the voice group E, but refused to give written instructions to the Victim; (b) the Defendant was able to turn on his hand as if he were in the Plaintiff’s desire to give the Victim; and (c) continued to sing the Victim No. 7; and (d) continued to have one of the radio microphones equivalent to KRW 300,000 in the market value.

Accordingly, the defendant threatened the victim and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police with respect to C and F;

1. Application of Acts and subordinate statutes to the H’s written statement;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, 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 (including the fact that the crime is committed, etc.);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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