(영문) 부산지방법원 2019.06.13 2019고단1262

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.06.13 2019고단1262

업무방해등

Text

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

Reasons

Punishment of the crime

[criminal power] On March 29, 2018, the Defendant was sentenced to two years of suspension of execution in July due to the crime of interference with business, etc. by the Busan District Court. On August 25, 2018, the above judgment became final and conclusive and is still under suspension of execution.

【Criminal Facts】

1. On March 30, 2019, the Defendant: (a) around 23:43, in the “D main points” operated by the victim C (V) located in Busan Jin-gu, Busan; (b) the Defendant and the other table table, sent a bath to the customers who drink the alcohol on the table; and (c) the Defendant got the customers out of the main line and returned to the said main line upon the victim’s report.

On March 31, 2019, at around 00:05, the Defendant re-exploited the main points above, and obstructed the victim's main business operations for about 30 minutes by force, such as allowing the victim to take a drinking from customers, allowing them to take a music, and preventing the customers who intend to enter the main points continuously.

2. Around 00:05 on March 31, 2019, the Defendant, within the main point of the victim’s operation, assaulted the victim by: (a) stating that “the victim would not interfere with his/her business, and move out of the main point of the victim; (b) he/she expressed the victim’s bath; (c) he/she tried to tamp the victim’s face; and (d) assaulted the victim by having the victim’s face sealed.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused, and a protocol concerning the police interrogation;

1. Statement of the police statement regarding C;

1. Investigation report (as to the facts constituting the crime against the victims of the same kind), investigation report (as to the report processing table 112 and CCTV images attached to the generating place), investigation report (as to the report on the attachment of CCTV images attached to the same kind);

1. Photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report attached to judgments, etc.), previous records of disposition, and reporting on results of confirmation, shall be applied to statutes;

1. Criminal facts;

유사 판례

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-창원지방법원 밀양지원 2015.02.05 2013고단603

-부산지방법원 동부지원 2013.01.24 2012고정1763