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(영문) 대전지방법원 서산지원 2014.01.23 2013고단759
업무방해
Text

A defendant shall be punished by imprisonment for four 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

On May 1, 2012, the Defendant was punished by a fine of 2 million won for the crime of interference with business with the operation of a restaurant in a large number of restaurants located in the C market located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, and was sentenced to criminal punishment for the crime of interference with the business.

1. On May 7, 2013, the Defendant committed the crime: (a) around 12:30 on May 7, 2013, and around 13:00, at “E” restaurant operated by the victim D in the C market located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si; (b) the Defendant interfered with the victim’s restaurant business by force by force, such as why he would be punished for a shot, why he will handle a person’s disease.

2. Around May 8, 2013, the Defendant committed the crime: (a) around 12:20 to 12:50 on May 8, 2013, the Defendant interfered with the victim’s restaurant business by force, under the influence of force, following the victim’s sound, namely, “I wish to see whether I reported, she was able to drink, she was able to do so, but will be able to perform funeral services,” while customers are eating food outside the entrance.

3. On May 9, 2013, the Defendant: (a) from around 08:00 to around 09:00 on May 9, 2013, the Defendant: (b) opened a restaurant in the restaurant operated by the said victim; and (c) opened a business preparation; and (d) obstructed the victim’s restaurant business by force by force, such as: (a) taking the victim’s vehicle from around 08:00 to around 09:0; and (b) taking the victim’s vehicle from the vehicle reported to the 112 report; and (b) taking the police officer’s vehicle into consideration whether he/she would be capable

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F, G, H, I, J, K, L and M;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Suspension of execution;

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