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(영문) 서울중앙지방법원 2018.03.16 2017고단6861
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 02:17 September 7, 2017, the Defendant heard “E Sarina” managed by the victim D in Jongno-gu Seoul Jongno-gu Seoul, and talks that the Defendant cannot enter if he/she does not purchase his/her desire from the employees working in the calculation team,” “C”

The death shall be discarded.

The victim interfered with the victim's secret or business by force, such as leaving the gate, shampoo and shampoo in the calculation stand in the form of a large sound so that customers who are likely to enter the gate by avoiding the disturbance, such as leaving the floor, and leaving the shampoo and shampoo in the calculation stand.

On October 17, 2017, the Defendant: (a) around 03:45 to 04:45 on October 17, 2017, the Defendant continued to collect money from the victim H(43) who was an employee, even though he/she made the following words: “Irrrrrrral to refund” from the victim H(43) who was an employee, while under the influence of alcohol, at G G G G Gana located in the second floor of the Jongno-gu Seoul Metropolitan Government F Building; (b) around 03:45, the Defendant interfered with the victim’s friendship or business affairs by force.

Summary of Evidence

"2017 Highest 6861"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of the processing of reported cases;

1. A report on investigation (related to the statement ofCCTV and witness);

1. On-site photographs "2017 Highest 8994";

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act shall be punished by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act on May 29, 1990 and two years of suspended execution for a period of one year and six months, and on October 30, 1992, by a crime of obstructing the performance of official duties on October 30, in addition to imprisonment with prison labor for a period of two years of suspended execution, eight times of violent crimes.

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