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(영문) 대구지방법원 경주지원 2020.04.14 2019고단543
업무방해등
Text

1. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

[criminal power] On December 17, 2015, the Defendant was sentenced to two years of imprisonment with labor for a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. at the port branch of the Daegu District Court on December 17, 2015, and was sentenced to eight months of imprisonment with labor for a violation of the Road Traffic Act (driving) at the Seog branch of the Daegu District Court on September 2, 2016, and completed the execution of the final sentence at the port prison on April 19

【Criminal Facts】

Around November 23, 2018, the Defendant, who was living together with the victim B (V, 53 years of age), was infinited with the victim, who was demanded by the victim to be hedging.

1. On November 26, 2018, from around 09:08 to 16:46 the same day, the Defendant interfered with business: (a) repeatedly called “D” restaurant operated by the Defendant using a cell phone (C) used by the Defendant at the esi, Pyeongtaek-si, Busan-si, and Sejong-si; and (b) from November 26, 2018 to January 24, 2019, the Defendant used the cell phone used by the Defendant for 417 times in total, and continuously called the said restaurant to put the telephone bell inside the said restaurant; (c) the Defendant was unable to have many unspecified customers not receive orders from multiple customers, and (d) the Defendant was unable to receive orders from the victims.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, on January 24, 2019, the Defendant drinked to the victim's cell phone (F) using the cell phone (E) used by the Defendant at around 09:26 on January 24, 2019.

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