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(영문) 서울북부지방법원 2018.08.17 2018고단1901
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 28, 2018, from around 15:40 to 17:30 of the same day, the Defendant d restaurant operated by the Victim C located in Dobong-gu Seoul Metropolitan Government, and obstructed the victim’s restaurant business for about one hour and 50 minutes by force from around 15:40 on April 28, 2018 to around 17:50.

around 22:00 on June 18, 2018, the Defendant: “G” restaurant operated by the Victim F in Dobong-gu Seoul, Dobong-gu, Seoul; (b) expressed the victim’s expressed the defect in calculating the food value with a large voice of “nicker and chyp gue” to the defective victim; and (c) 30 minutes of the disturbance of the victim’s restaurant business by force, such as cutting down the salted fish on the table.

Summary of Evidence

"2018 Highest 1901"

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. Investigation report ( telephone conversations for witnesses) 2018 Highest 2872;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively considering the following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence as ordered shall be determined.

A disadvantageous circumstances: The defendant has a number of criminal records, and the normal circumstances that are favorable to the defendant that it is difficult to eliminate the risk of recidivism: the defendant reflects his/her mistake, and some of the victims want to be punished.

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