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(영문) 인천지방법원 2016.06.03 2015고단7459
업무방해
Text

A defendant shall be punished by imprisonment for 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

1. On April 14, 2015, around 00:00, the Defendant obstructed the victim’s main business affairs by force by avoiding disturbance between about 20 minutes, and preventing customers who entered the said restaurant from entering the said restaurant by avoiding disturbance on April 14, 2015, such as in the “E restaurant” operated by the victim D, located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, the victim D, expressed a desire to the victim, and did not demand the victim to leave.

2. On September 3, 2015, the Defendant interfered with business affairs on September 3, 2015: (a) performed drinking together with the Defendant in “H restaurant” operated by the Victim G located in the Southern-gu Incheon Metropolitan City, Nam-gu around September 21:34, 2015 by the victim G; (b)

In order to prevent customers from entering the above restaurant by avoiding about 10 minutes of disturbance, such as the victim's request to leave the restaurant, the victim's restaurant business was interfered with by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of G and D;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Application of Acts and subordinate statutes on police statements made to G and D;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective 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 grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] for the reasons for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] shall be the mitigated area (one month to eight months) [the person subject to special mitigation] according to the increase of the number of crimes resulting from the reduction of punishment: one month to one year (the decision of sentence]; six months from the suspension of execution; the defendant has no record of the punishment above the suspension of execution for the two years; the victims have no record of the punishment above the suspension of execution; the victims have not want to be punished; the victims' age, sex, environment, motive and circumstance of the crime; and all the conditions of the sentencing mentioned in the records and the theory of changes, such as the following circumstances.

Parts of innocence

1. The summary of the facts charged is that of Incheon around September 2015, the Defendant around 01:0.

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