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(영문) 부산지방법원 2013.08.13 2013고단3383
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution for the crime of interference with business at the Ulsan District Court on May 9, 2013, and was sentenced to seven times of imprisonment with prison labor for the same kind of crime on May 17, 2013.

1. Violence;

A. On March 22, 2013, at around 09:30 on March 22, 2013, the Defendant: (a) committed assault against the victim D (n, 42 years of age) in the “E convenience store” in the management of the victim D (E) located in Busan Fluor C, without any reason.

B. On March 22, 2013, around 09:30 on March 22, 2013, the Defendant: (a) committed assault against the victim’s arms by putting the victim F (the 43-year-old) of the victim F (the 43-year-old) with “a person drinking thickness”; (b) the victim’s refusal to stop a job; (c) the victim’s refusal to stop a job; and (d) the victim’s refusal to stop a job.

2. The Defendant interfered with business, at the same time and place as that set forth in the preceding paragraph, laid the beer cans to the said D, booming the said F along with drinking alcohol, taking the hand, taking the bath with a large sound, and preventing customers from entering the place of convenience by force for about 15 minutes, such as walking with plastic wills and stuffing with a large amount of sound, or gathering plastic gambling by hand, thereby obstructing them from entering the place of convenience.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Previous records of judgment: Application of criminal records, references to criminal records, and each copy of judgment;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and the choice of punishment for the crime, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 (Consideration of Sentencing favorable to the following)

1. The reason for sentencing under Article 62-2(1) of the Probation Criminal Act is that the defendant has the same power in several times.

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