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(영문) 수원지방법원 안양지원 2018.09.06 2017고단2425
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 27, 2017, the Defendant: (a) obstructed the victim’s restaurant business by having the victim D, who was in Ansan-si, in his employees during the period of Ansan-si around 04:40, inasmuch as the victim had no reason to do so, entering the said restaurant in the absence of any reason to do so, the Defendant interfered with the victim’s restaurant business by attempting to avoid disturbance, such as the victim’s booming booming, and booming, “The Defendant was going to do so for this mack brea, and going to go,” despite the victim’s demand for evacuation.

2. The Defendant insultd, at the time and place of paragraph 1, and among his employees and customers, the victim of the police station affiliated with the F police station, such as the slope victim G, who was dispatched to the site after receiving 112 reports, and the victim H of the police station affiliated with the F police station, such as the slope victim G, who was dispatched to the site, had several customers in the restaurant, and told the Defendant to frightly and immediately return to the restaurant, and thereby the victims were sexually insultd by saying, “hins, shots, and governance to die.”

Summary of Evidence

1. Each legal statement of witness D, G and H;

1. Statement made by the police against D;

1. Each complaint filed by G and H;

1. Investigation report [Defense Counsel asserts to the effect that the defendant was physically and mentally weak at the time of the instant crime, but in light of the details and content of the instant crime, and the circumstances after the crime, etc., the defendant had weak ability to discern things or make decisions at the time of the crime.

As such, we cannot see the above argument of the defense counsel.

Application of Statutes

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Article 62(1) of the Criminal Act (for the latest considerable period of time).

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