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(영문) 의정부지방법원 2020.04.24 2019고단5601
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2019, around 19:20 on August 28, 2019, the Defendant interfered with the business of the Defendant interfered with the business of the victim C, by force, by avoiding disturbance, such as: (a) in the D restaurant operated by the victim C (year 51) located in the Nam-gu Incheon Metropolitan City, the usual appraisal of which is not good; (b) in the restaurant, the E, which is open to the restaurant, and (c) in a large amount; and (d) holding the chair in the restaurant.

2. Violence;

A. On August 28, 2019, at around 19:25, the Defendant assaulted the victim F, on the street, the victim F (55 years of age) who was an employee of the restaurant, demanded the Defendant to restrain the Defendant’s disturbance and return home on the street before the D cafeteria as set forth in paragraph (1), and used plastic and the stetra lease bris towards the victim.

B. On August 28, 2019, at around 20:13, the Defendant assaulted the Victim C with the part of the Defendant’s arms, spawn, spawn, right hand, etc. in front of the D cafeteria as set forth in paragraph (1) in order to avoid fighting with customers E.

3. On August 28, 2019, around 19:48, the Defendant damaged the victim’s property by gathering the unsatisfyers in the market price owned by the victim C, on the ground that the said Defendants did not get unsatisfed due to the dispute with the customer E in the D restaurant as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C and F statements;

1. Application of Acts and subordinate statutes to photograph, damage to property, photograph, and hear victim F telephone statement from the victim;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The sentencing criteria shall be based on; and

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