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(영문) 대구지방법원 김천지원 2014.05.28 2014고단363
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 10, 2014, at around 09:00, the Defendant: (a) expressed a prudent to the customer “E” restaurant operated by the victim D (n, 61 years of age); (b) expressed the customer “humping, hump, hump, hump, hump, hump,” and obstructed the victim’s restaurant business by force for about 30 minutes, such as by extinguishing the television reported by the customer.

2. On April 10, 2014, at around 12:00, the Defendant: (a) found the vehicle in the said restaurant while under the influence of alcohol in the said restaurant; and (b) took a bath to the customers who were in the said restaurant with the larger interest of “Ye-gu, Ge-gu, Ge-gu,” and obstructed the victim’s restaurant business by force for approximately 70 minutes, such as launching the table string, and extinguishing the television reported by customers.

3. At around 13:50 on April 10, 2014, the Defendant: (a) found a vehicle in the said restaurant while drunk at the said restaurant; (b) provided a bath to customers who were in the said restaurant; and (c) obstructed the victim’s restaurant business by force for about 10 minutes, such as lying on the restaurant table.

Summary of Evidence

1. Defendant's legal statement;

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

1. A H statement;

1. Investigative reports (Attachment to a list of 112 Reporting Cases);

1. Application of statutes on site photographs;

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

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have been subject to a number of criminal punishment up to the latest due to similar criminal acts. In particular, on August 14, 2013, the above judgment was sentenced to two years of suspended execution, which became final and conclusive on August 22, 2013, and is still under suspended execution, and thus, it is difficult to expect improvement of Defendant’s personality and behavior due to the same punishment as that of the previous crime without any specific crime, and thus, it is difficult to expect improvement of Defendant’s personality and behavior. However, the victim agreed with the victim and the victim agreed to do so.

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