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(영문) 인천지방법원 2019.01.10 2018고단4604
업무방해
Text

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

Reasons

Punishment of the crime

On November 10, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for assault, etc. at the Incheon District Court on November 10, 2017 and completed the execution of the sentence at the Incheon Detention House on November 10, 2017.

1. On May 23, 2018, the Defendant: (a) around 19:10 on May 23, 2018, the Victim C, located in Bupyeong-gu Incheon Bupyeong-gu, performed the Defendant’s friendship E and alcohol on the Defendant’s friendship outdoor table, and took a dispute over the Defendant’s return of the Defendant’s salary deposited in the passbook E, E, while E, under the influence of alcohol from the above head of Dongp, took a 500c c straw, which was cited by the Defendant on the floor, carried the 500c c straws on the floor, broken it up, and took a large voice, thereby making the customers enter the door of the barp for about 10 minutes.

Accordingly, the Defendant interfered with the victim's business by force.

2. On April 2, 2018, the Defendant: (a) around 20:58, at the main point of “H” operated by the victim G in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) opened a mobile phone with two female customers suffering from the name-free female who was found to be a customer without any justifiable reason; and (c) opened the music at the main place without any justifiable reason, the Defendant left the said female customers at the bar; and (d) continuously, around 21:51 of the same day, the Defendant took the drinking to two male customers suffering from the name-free female customers suffering from the said place as a customer, without any justifiable reason, at around 21:51 of the same day, interfered with the victim’s main business by: (a) putting him/her under the influence of alcohol; (b) ; (b) ; and (c) ; (c) ; and (d) ; (c) ; (d) ; and (d) ;

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. A report on internal accidents and a report on internal accidents (the first internal accidents of a shote) and a report on internal accidents;

1. Photographss of on-site photographs and CCTV for crime prevention;

1. Previous records of judgment: Application of criminal records, investigation reports (previous records, confirmation of the date of release) and data inquiry into prison records, etc.;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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