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(영문) 서울중앙지방법원 2015.08.12 2015고단1484
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant, at around 10:50, obstructed the victim’s business by force for about 20 minutes, such as: (a) intending to smoke in the “Ecafeteria” of the victim D Management in Jongno-gu Seoul Metropolitan Government, and (b) intending to refrain from running the said restaurant, “I see, I see, I see, I am a large voice, I see, and I see, I am a customer in the said place.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes of D;

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);

1. It shall be taken into account that the defendant reflects the reason for sentencing under Article 62(1) of the Criminal Act, and that the defendant has a record of being sentenced to four times a fine for the same crime. It is so decided as per Disposition on the grounds above;

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