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(영문) 수원지방법원 안양지원 2018.07.24 2018고단738
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Interference with the business of victims B;

A. On March 12, 2018, the Defendant committed the crime on March 12, 2018, at the D mobile phone store located in Sinpo City C and I around 10:18 on March 12, 2018, on the ground that the Defendant is dissatisfied with the telephone response of the victim B, who is an employee, for the reason that the Defendant was dissatisfied with the telephone response of the victim B.

“ ....... .... .... ..... .... ....... ....... ........ ......

나. 2018. 3. 15. 자 업무 방해 피고인은 2018. 3. 15. 10:52 경 제 1의 가항 기재 장소에서 위 피해자 B에게 손가락질을 하며 " 쟤가 욕을 잘 한다, 이 새끼 욕 잘하더라.

It was difficult to avoid disturbance for about 10 minutes, such as hinginging, etc.

Accordingly, the Defendant interfered with the victim's cell phone sales business by force over twice.

2. On March 17, 2018, the Defendant: (a) 16:30 on March 17, 2018, 16:30, the Defendant: (b) laid off the victim E operation G in the Sinposi F; (c) she flaced off the Plaintiff’s self-sash; and (d) expressed other customers the victim’s desire to read “Ie the string straw, hyp, hyp, hyp, hyp; and (c) expressed the victim’s desire to read “Ie hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hys and water purifiers at the victim’s bar.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. A criminal investigation report (Confirmation ofCCTV image data);

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentencing guidelines: Imprisonment with prison labor for up to six months and up to one year and six months (the scope of the recommended punishment), the basic area (up to six months and one year and six months) (up to one year and six months).

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