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(영문) 청주지방법원 2019.10.11 2019고합109
업무방해등
Text

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

However, 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. Around 02:00 on February 23, 2019, the Defendant interfered with the business, at the entrance of the “D amusement tavern” operated by the victim C (V) located in Jincheon-gun, Jincheon-gun, Jincheon-gun, and, at the same time, expressed the victim’s room before the entrance of the “D amusement tavern”. The Defendant expressed the victim’s hair and expressed the victim’s hair at a large sound.

As the land E (n, 47 years old) of the above C was removed, the Defendant interfered with the main business of the above C by force by 10 minutes, such as putting the head debt of the above E and putting the shoulder of the above E with the double hand.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) acknowledged all the facts charged in this court, and asserted that “The Defendant did not have the words “the opening of the weather year, whether he reported to it, and what he would die.” As such, the victim E statement corresponding to this part of the facts charged is credibility, and therefore, it is recognized that the Defendant made a statement like the above part of the facts charged.

On February 26, 2019, at around 18:21, the Defendant: (a) discovered the victim E in front of G in Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do; (b) took one hand the back of the victim’s back and head fall; and (c) led the victim’s seat to the front seat of the above convenience store; and (d) stated, “I will die for the same year of the weather year, whether I reported it, and what I will die.”

As a result, the defendant threatened the victim with the purpose of retaliationing the victim's statement in an investigation agency for a criminal case described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the Acts and subordinate statutes to the place of criminal, report on the occurrence of the case, report on the 112 reported case handling, and report on the occurrence;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283 (1) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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