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(영문) 서울중앙지방법원 2014.04.08 2014고단1123
업무방해등
Text

A defendant shall be punished by imprisonment for four 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 January 9, 2014, from around 00:10 to 01:30 of the same day, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as: (a) from around 00:10 on January 9, 2014, the Defendant ordered the victim D’s food at the “E” restaurant operated by Gangnam-gu Seoul, to make a large amount of sound for customers who had come to the meals on the cafeteria B; (b) calculated the cafeteria employee F of the said restaurant; and (c) seeing the horses that they would have come home to the cafeteria or F; and (d) preventing customers who had taken meals at the cafeteria from entering the cafeteria by force from entering the cafeteria or entering the cafeteria.

2. On January 9, 2014, the Defendant damaged public documents, at around 01:30, the Defendant received a 112 report at the above “E” restaurant, and carried it in possession by the police officer affiliated with the Gangnam Police Station G police box, who was called out after receiving a written self-written statement from F, and deducted him/her, and then damaged documents used by public offices, such as tearing, tearing, and painting, against the foregoing written statement.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of damaged written statements;

1. Article 314 (1) and Article 141 (1) of the Criminal Act (amended by Law No. 314 (1) (amended by Law No. 1006, Dec. 1, 2006) concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment as provided for in the crime of injury to public documents heavier than punishment) among concurrent crimes;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has the power to be punished several times as the crime of interference with business, the crime is not good in light of the fact that the defendant committed the crime of damage to public documents together with the crime of interference with business.

Imprisonment with labor among the types of punishment shall be selected.

However, the fact that the defendant has no criminal record exceeding a fine, the fact that the defendant appears to have committed the crime of this case by chance under the influence of alcohol, and that he does not particularly use violence, intimidation, power, etc. at the time of committing the damage to public documents.

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