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(영문) 대전지방법원 2016.01.26 2015고단4024
업무방해등
Text

Defendants shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

On August 23, 2015, at around 01:10, the Defendants drinked the victim E (33 ) located in Daejeon Seosung-gu, Daejeon, the victim E (33 ) with one kind of alcohol and drinking in the F cafeteria, G, H, and one other, Defendant A asked the above restaurant president for the harm of E, and Defendant A collected the franchis, which are dangerous objects in the above cafeteria, and collected the franchis with the above E’s face. Defendant B threatened the above franchise with the franchis, which are dangerous objects in the table, and threatened the above franchise with the franchise’s face. As such, Defendant B threatened the above franchise with the franchise’s disease, which is a dangerous object in the table.

In addition, the Defendants got out of all customers by avoiding the disturbance as above.

As a result, Defendant A, carrying dangerous articles, assaulted said E, Defendant B, carrying dangerous articles, threatened the said I, and the Defendants conspired to interfere with the above restaurant business by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Application of the respective laws and regulations of E and J;

1. Defendant A of the pertinent legal provisions pertaining to the facts constituting an offense: Articles 314(1), 261, 260(1), and 30 (Selection of Imprisonment with labor) of the Criminal Act; Articles 284, 283(1), 314(1), and 30 (Selection of Imprisonment with Labor) of the Criminal Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (such as the fact that the Defendants agreed with the victims and their depth are against each other).

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