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(영문) 서울서부지방법원 2017.11.01 2017고단2380
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2017, the Defendant who interferes with his/her business does not pay money to the Defendant at “D” restaurant operated by the Victim C (V) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul at around 21:40, to whom he/she would demand the payment of the amount of food from the damaged.

The sound, "," being flaged, leading to a greshion on the table of the table, and it was difficult to avoid disturbance, such as the breshing of a chemical with a powder as described in paragraph (2).

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

2. The Defendant damaged property at the date, time, and at the place specified in paragraph 1, the Defendant received a report from the police officer that the Defendant was forced to pay the amount of food value and return home, and the victim C’s market price at the entrance was damaged by exposing the amount equivalent to KRW 100,000 in the market price owned by the Defendant at the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on fire extinguishing photographs;

1. Article 314 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. Suspension of execution under Article 62 (1) of the Criminal Act (it shall take into consideration the circumstances, such as the reflection of his/her mistake and the fact that he/she does not want the punishment of a defendant under an agreement with the victim);

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