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(영문) 서울북부지방법원 2019.07.18 2019고단1518
업무방해등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2019, at around 17:29, the Defendant obstructed the restaurant business of the victim by force for about one hour, such as demanding the payment of the food cost at the frequency of “D” operated by the Gangnam-gu Seoul Metropolitan Government Victim C, bringing a bath to the frequency employees, leaving beer the beer residues on the floor, and avoiding the disturbance of beer residues on the floor, etc.

2. On March 25, 2019, around 18:29, the Defendant assaulted the victim, such as: (a) the victim C (the age of 36) moving out of the frequency of the Defendant; (b) the victim c (the age of 36) moving out of the frequency; and (c) the defect that “A police officer waits until the time he/she turns out; (d) the victim’s chest by pushing the victim’s chest on his/her head; and (c) the victim attempted to go beyond the floor by cutting

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Each investigation report (CCTV / Victim C telephone content - The operators collecting the frequency of this case and confirmation of the intent to agree);

1. Application of video CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Business), Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act to order probation and attending lectures;

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

(a) Class 1 crime (Interference with Business) (Scope of Recommendation) (Scope of Business ] No basic area (Interference with Business) (6-1 year and 6 months) (special person) exists;

(b) Type 1 (General Violence) and the basic area (two to ten months) of the crimes of violence (a person who has been specially punished) (a person who has been specially punished).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. In light of the details of a crime of interference with business committed by the Defendant in the determination of sentence, the degree of interference with business therefrom, and the degree of the use of violence to the victim C, the nature of the crime is not easy.

Furthermore, the defendant violates the Punishment of Violence, etc. Act, interferes with the performance of official duties, and damages to property.

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