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(영문) 인천지방법원 부천지원 2018.05.18 2018고단379
업무방해
Text

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

However, the execution of the above sentence shall be suspended between two and half years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2018, the Defendant: (a) from around 02:30 to around 06:30 on January 8, 2018, the Defendant committed a crime of having a police officer dispatched upon receiving a report by desireing the victim and his customers return home with the Defendant.

Nevertheless, the defendant's report on the same day 07:10 on the same day on the ground that he/she reported to the above restaurant again and the victim reported.

“In doing so, the victim and the customer expressed a disturbance, and expressed a bath to the victim and the customer, and exceeded the clothes, thereby obstructing the victim’s restaurant business by force.

On February 9, 2018, the Defendant, “2018 Highest 643, the Defendant,” under the influence of alcohol in the “cafeteria” of the F operation of the victim F on the 18:00 Seocheon-si E and 1st floor, provided other customers with no justifiable reason, she breads and frights, and frights from the employees, and frights the victim’s restaurant business by force over about 30 minutes, and interfered with the victim’s restaurant business.

Summary of Evidence

"2018 Highest 379"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. G's written statement "2018 highest 643";

1. Statement by the defendant in court;

1. A written statement of H;

1. Application of Acts and subordinate statutes to the screen by cutting CCTV course;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances favorable to the defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act (the fact that the defendant is recognized to commit each of the crimes in this case, and the victim C does not want to be punished), unfavorable circumstances (the defendant committed the same kind of crime in only one month from January 8, 2018 even though he/she was investigated by an investigative agency on January 8, 2018).

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