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(영문) 대구지방법원 포항지원 2019.03.13 2018고단1603
업무방해
Text

A defendant shall be punished by imprisonment for six 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 10, 2018, from around 22:35 to 23:05 on the same day, the Defendant: (a) expressed the victim’s desire at the “D” restaurant of the victim C’s operation located in North-gu, North-si, North-si; (b) provided the victim with a large interest at the victim’s “D” restaurant; and (c) provided the customer E, etc. with a large interest; and (d) provided the customer E, the Defendant died.

It interfered with the victim's business of operating the restaurant by force by avoiding disturbance, such as large fluoring, making customers unable to provide meals.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. List of 112 reported cases handled, respectively;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to additional victim statements and arrest of flagrant offenders in this case), internal investigation (related to telephone communications of witnesses) and internal investigation (related to telephone communications);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Scope of Recommendation] No person who has no basic area (6-1-6 months) [1-6 months] [1-6 months] [1-6 months] [1-6 months]] [1-6]] [1-6]] [2] [1-6 months]]]] of the Criminal Code, under the circumstances that the defendant could have been punished for the crime of violence and the crime of the same kind, the defendant could have been punished for the crime of the same kind, the damage recovery or agreement was not reached, under the unfavorable circumstances that are favorable to the defendant's mistake, the defendant's age, character and behavior, motive for the crime

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