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(영문) 수원지방법원 안산지원 2019.05.22 2019고단720
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 16, 2018, the Defendant interfered with business: (a) around 23:47, at the main point of the building B in Ansan-si and the second floor “D” operated by the victim C(43 years old) of the second floor, the Defendant 15 minutes of the volume of 15 minutes interfered with the victim’s main business by force by force, such as leaving other customers who had been engaged in the business by cutting back the dispute caused by the employee’s cups by hand, blocking the entrance of the stage and the place of business, blocking the disturbance, and avoiding the disturbance of the large interest.

2. Violence;

A. At the time and place specified in the above Paragraph 1, the Defendant assaulted the victim by breaking the victim’s head debt, on the ground that the said victim C was out of the Defendant who suffered the disturbance.

B. The Defendant assaulted the victim by her hand, etc. one time on the ground that the victim E (the age of 45) was prevented from assaulting C at the time and place described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis) and recording and reporting;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and the choice of punishment for the crime, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include three times of punishment due to assault, intimidation, and injury, and the records of several times of punishment due to violent crime and crime of interference with business, etc., the victims shall be punished by selecting imprisonment in consideration of the fact that the victims do not have any criminal record of suspended execution or more, and the degree of assault is not severe, and the defendant's age, character, conduct and environment, and crime are committed.

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