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(영문) 인천지방법원 2017.01.12 2016고단6121
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

The Defendant of “E” at around 02:00 on September 11, 2016, operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon on September 11, 2016, that the victimized person, while drinking, did not continue to perform his/her business.

On the ground of the fact that he saw, he saw that he she saw her to play a bath with a large sound, “Chewingly, h.h. for the same year,” she saw her to other customers who drink in the above shop, and she she her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her

around 19:00 on October 2, 2016, the Defendant: (a) took a bath to the effect that, while drinking alcohol at “the main point operated by the Victim G (V, 49 years of age) in Seo-gu Incheon, customers are sleeped; (b) the said customers come out of the main place; (c) the said customers came out of the main place; (d) the said customers came out of the main place for approximately two hours; and (e) the said customers interfered with the victim’s main business by force by avoiding disturbance, such as speaking, etc. to customers going to the main place for approximately two hours.

Summary of Evidence

1. Legal statement of the defendant (as at the third public trial date), "2016 order 6121";

1. Written statements of D;

1. A report on investigation;

1. Account "2016 Highest 6952";

1. G statements;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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 crime No. 2, for the reason of sentencing under Article 62-2 of the Criminal Act, has no basic area (6 months to one year and six months) (the scope of recommended punishment) (the scope of recommended punishment) (6 months to one year and six months) (the person subject to special sentencing) (the person subject to special sentencing) in the basic area (6 months to one year and six months) (the scope of recommended punishment) (the person subject to special sentencing).

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