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(영문) 부산지방법원 2018.11.28 2018고단254
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 19, 2017, the Defendant: (a) around 13:50 on December 13:19, 2017, found the victim C’s “D” in the name of “D” in the operation of the Busan Jin-gu, Busan; (b) sought to smoke while drinking; and (c) the victim’s wife in the said restaurant, who was in the said restaurant, want to smoke the Defendant’s tobacco.

The phrase “Chewing” and “irrehying year” was written to the employees who continue to work in the kitchen, and the victim’s restaurant operation duties were obstructed by force for about one hour, including: (a) the entrance of the restaurant at the entrance of the restaurant; (b) the failure of the restaurant at the entrance of the restaurant; and (c) the unrest customers who found in the restaurant at the entrance of the restaurant at the entrance of the restaurant; and (d) having them go back to the match; and (b) the victim’s restaurant operation duties were obstructed by force.

Summary of Evidence

1. Statement made by the police against C;

1. A report on investigation (the details of 112 reported and CCTV images for crime prevention) shall be applied to statutes;

1. Where the degree of threat of force, deceptive scheme, or the degree of interference with business is insignificant in the mitigation area (one month to eight months), the pertinent legal provisions on criminal facts, Article 314(1) of the Criminal Act on the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommended punishment] [the scope of business interference] and the grounds for sentencing of sentence 1 [the scope of business interference] [the special mitigation person], the degree of threat of force, deceptive scheme, or the degree of interference with business [the decision of sentence] committed the instant crime during the suspension period after being sentenced to the suspension of the execution of imprisonment with labor due to interference with the execution of public duties by fraudulent means on March 31, 2

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