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(영문) 서울남부지방법원 2018.03.30 2017고단1073
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

(b) the defendant;

Reasons

Punishment of the crime

On November 30, 2016, from around 01:30 to the same day 02:20 on the same day, the Defendant expressed the Defendant’s abusive view that “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh,” without any justifiable reason while drinking alcohol at D restaurants managed by Yeongdeungpo-gu Seoul Metropolitan Government Victim C, and obstructed the victim’s restaurant business for about 50 minutes by force, such as affixing a photograph affixed to one’s cell phone, and

Summary of Evidence

1. Statement by the defendant in court;

1. The witness C’s legal statement [the credibility may be recognized in full view of the following facts: (a) each video (the same shall be stored in a mobile storage device attached to the investigation report (the document attached to the suspect’s submission of the document)) submitted by the Defendant; (b) the person responsible for the store as the person responsible for the above witness appears to have no reason to cause a dispute between the Defendant and the customer, and (c) the witness’s legal statement attitude.

한 편 증인 E의 법정 진술은 증인 C의 법정 진술에 일부 부합하나, 피고인이 술병을 깼다는 등 증인 C의 법정 진술과 일치하지 않고, 그가 작성한 진술서의 기재와 일치하지 않는 바, 이와 함께 공격적인 법정 진술 태도 등에 비추어 볼 때, 그대로 믿기 어렵다] 법령의 적용

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

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

1. The defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders, was subject to criminal punishment on several occasions of violent crimes.

Despite the victim's restraint, the Defendant committed an act that interferes with the restaurant business including the finishing work by affixing a photograph of customers, etc. in the restaurant, taking a bath, attaching an automatic door in favor of the string, etc. (the crime of interference with business by force does not require actual results of interference with business.)

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