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(영문) 창원지방법원 통영지원 2017.03.16 2016고단1967
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A special assault: (a) on November 30, 2016, the Defendant saw a victim of a dispute with E while drinking alcohol, such as E and the Victim F (40) in a “D” restaurant located in C at Scam on November 30, 2016; and (b) boomed with B.

Although the victim stated that he was freed or breed, he was the victim, and he was the victim of the iron, which was a dangerous object that the Defendant was seated.

Accordingly, the Defendant, carrying dangerous articles, and assaulted the victim (the Defendant and the defense counsel did not have the victim F with the intention of filing a iron.

However, according to each police statement protocol against G and F, since the defendant was placed in the said F, the above argument is not accepted. 2. The defendant interfered with the business of the defendant on July 1, 2000, the defendant interfered with the restaurant of "D" as described in the above paragraph 1 by avoiding disturbance, such as bringing the chairer into F after taking the chairer as described in the above paragraph 1 at around the time of the operation of "D" restaurant of the victim G (n, 49 years old). The defendant interfered with the restaurant business of the victim of about 10 minutes by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G, F, and H;

1. A report on internal investigation (attached to field photographs, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (the monetary fact with victim G);

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and the choice of imprisonment for a crime;

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. On the grounds of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances), Article 62(1)(b) of the Criminal Act provides that the scope of punishment [the scope of recommended] assault crimes of Type 6 (Habitual Offense, Cumulative Offense, Special Assault) [the period from April 1-2] mitigated area (the period from April 1 to January 2] [the person who is subject to special sentencing] is not subject to punishment (including serious efforts to recover damage) [the scope of recommended punishment] of Article 62(1)(b) [the scope of punishment].

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