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(영문) 서울서부지방법원 2015.04.01 2014고단3649
업무방해
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On November 13, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Western District Court, and the judgment became final and conclusive on November 21, 2013, and is currently in the period of suspended sentence. On October 15, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Western District Court, and the judgment became final and conclusive on February 26, 2015.

1. At around 10:00 on August 30, 2014, the Defendant demanded the victim Da, operated in Yongsan-gu Seoul, Yongsan-gu, Seoul, to change liquor and tobacco to credit, but the victim rejected the request, changed the amount of 58,000 won prior to the transfer, changed the amount of credit 58,000 won, and found the victim again after drinking out of the defect and drinking alcohol, and obstructed the victim’s Schlage operation by force by avoiding the disturbance, such as “I am, Chewing feas, and such Chewing feas,” and cutting off off the upper part of the floor, and doing so.

2. Around 13:00 on October 7, 2014, the Defendant demanded the victim G in Yongsan-gu Seoul, Yongsan-gu, Seoul, to change alcohol and tobacco to credit. However, the Defendant refused the victim’s request, changed the amount of KRW 100,000 prior credit value to the victim, and obstructed the victim’s Schlage’s operation by force by avoiding disturbance, such as interfering with the victim’s noise by force.

3. 피고인은 2014. 10. 7. 19:00경 서울 용산구 I에 있는 피해자 J가 운영하는 K 음식점에서 안주가 맛이 없다며 음식이 담긴 집기를 집어 던지고, 옆 테이블에 있는 다른 손님들에게 “뭘 쳐다봐. 씹할 놈아.”라고 욕설을 하여 손님들을 나가게 하는 등 위력으로 피해자의 음식점 운영 업무를 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, G and J;

1. Investigation report (to hear statements from victims by telephone and report);

1. Previous convictions as indicated in the judgment: Criminal records, investigation reports (a copy of the judgment attached thereto), and each.

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