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(영문) 서울서부지방법원 2020.06.03 2020고단982
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 7, 2020, around 05:20 on February 7, 2020, the Defendant interfered with the business, at the “D” restaurant operated by the victim C in Eunpyeong-gu Seoul Metropolitan Government, disputes over the daily and drinking value. A large amount of money for about 50 minutes, such as a large amount of money and a table, and a table, were sprinked, and obstructed the victim’s restaurant business.

2. The Defendant committed the assault against the victim, such as: (a) the victim E (the 66-year-old) who was a customer who was eating at the same time and at a place as set forth in paragraph (1); (b) the victim was able to go against the right hand of the victim by pushing the table.

3. On the ground that the victim F (55 years of age) who was a customer who was eating at the same time and place as set forth in Paragraph 1, 200, she dumped the victim’s bump to bump and bumped the victim’s bump to bump and bump, etc., where the number of days of treatment cannot be known when the bump was fumped by the bump, and the victim’s f

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G documents;

1. Application of CCTV images and photographs to each Act and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of assault and the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) [Determination of Punishment] Crimes of Interference with Business / [Type 1] There is no interference with business (special person] [the scope of recommending area and recommendation] [the scope of recommending punishment] basic area, imprisonment with labor for up to six months and one year and six months (general person)];

B. Article 2 (Determination of Punishment) of the Act on the Protection, etc. of Crimes of Violence [Article 1] There is no general injury [Article 1] (the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, from April to one year and six months (the general person).

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