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(영문) 서울동부지방법원 2013.04.18 2012고단3182
업무방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 08:40 on December 10, 2012, the Defendant ordered the Soju and the Sea State in the Gwangjin-gu Seoul Special Metropolitan City C Sea Office, and planted it to the victim D (at the age of 51) who is an employee, “I do not have any money.” On the floor, the Defendant laid down the bath theory “Isn Do, Is spath, Is spath, and wals,” and added to the floor, “Is knife, Is knife, Is knife, Is knife,” and prevented other employees E from properly eating.

Accordingly, the defendant interfered with the restaurant business of victims by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be determined by the sentence, taking into consideration the fact that the defendant committed the instant crime again within several months, even though he/she had a record of being fined several times for the same crime, taking into account that he/she committed the instant crime, but the defendant reflects his/her mistake, and the victims do not want the punishment of the defendant by mutual consent

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