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(영문) 서울동부지방법원 2017.05.11 2017고단825
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. In around 18:00, the Defendant expressed the victim C’s “D dance hall” operated by the victim C in Gwangjin-gu Seoul Special Metropolitan City around 18:0, that “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am am I am I am. I am am I am am by force by force.

2. On September 2016, the Defendant, at around 21:00, obstructed the victim’s restaurant business by force by demanding the two female customers from “F cafeteria” operated by the victim E, who are in a dance hall as set forth in paragraph (1) of this Article, to see a large voice on the ground that he/she refuses to knife, etc., and by allowing the customers to leave the hall, thereby obstructing the victim’s restaurant business by force.

3. On December 2, 2016, the Defendant: (a) demanded a meeting of the female customer’s three seat located at the restaurant operated by the victim as indicated in paragraph (2) around 20:00; (b) however, on the ground that he refused to meet the meeting, the Defendant: (c) expressed a disturbance, such as “Is a day off a bit of bitch; (h) if Is a bit of a bitch of a bitch of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G, E, and C;

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

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation has a history of punishment by violence, etc. several times, and that the crime of this case has been committed three times, the criminal liability of the defendant is hot.

However, after agreement with the victims, the victims do not want the punishment of the defendant, and the defendant is administered by the defendant.

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