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(영문) 부산지방법원 2018.04.26 2017고단5538
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2017 Highest 5538"

1. On September 13, 2017, at the “D cafeteria” operated by the Busan Dong-gu B Victim C around Sep. 12, 2017, the Defendant: (a) visited ordinary customers who reported himself/herself before being subject to criminal punishment; and (b) visited them and visited them to be able to continue funeral services in this context.

“Along about 10 minutes, the cafeteria, such as voice, caused two customers who had a meal at the cafeteria, and interfered with the victim’s operation of the cafeteria by force.

2. On the same day as described in paragraph 1, the Defendant damaged the property by cutting off the glass inside the restaurant by drinking it to the damaged person’s restaurant at around 15:20 on the same day, and thereby destroying the property equivalent to 15,000 won at the market price owned by the victim.

around 12:15 on September 23, 2017, the Defendant visited the victim’s restaurant operation by force for about 25 minutes, such as the victim’s “D restaurant” operated by the victim C in Busan Dong-gu, Busan, by taking the customer away, and thereby, visited ordinary citizens who reported themselves before being subject to criminal punishment.” As such, the Defendant interfered with the victim’s restaurant operation by force for about 25 minutes, such as having the customer who was a food in the said restaurant, by visiting the ordinary citizen’s restaurant, who was subject to criminal punishment by reporting himself/herself before being reported.

Summary of Evidence

"2017 Highest 5538"

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Protocol of the police statement to C "2018 Highest 100";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

1. Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the suspended sentence, the basic area of crime 1 (Interference with the business) (the scope of recommended punishment) (Interference with the business) is the basic area (from June to June).

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