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(영문) 의정부지방법원 2018.05.25 2018고단1158
업무방해등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On December 29, 2017, the Defendant obstructed the victim’s restaurant business by force, such as: (a) ordering the owner in the “D cafeteria” operated by the victim C, which is operated by the Government-Si, on December 29, 2017; and (b) requesting an employee E to produce identification cards; (c) making the table scam scam scams scams scams scams, scams scams scams, and scams scams scams scams s

2. A special intimidation Defendant, at the time, at a place specified in paragraph 1, explains the reason why the victim C(34) was to be aware of the Defendant and to verify his/her identification card. However, the Defendant wishes to take a funeral service only.

두고 봐라. 매일 애들을 데려와서 깽판치고 가겠다 ”라고 말하면서 테이블 위에 놓여 있는 위험한 물건인 소주병을 들어 피해자의 머리 부위를 때릴 듯한 태도를 보여 피해자를 협박하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement in C and E;

1. A report on internal investigation (victim's statement), internal investigation report (on-site inspection and CCTV verification), and internal investigation report (the analysis of CCTV images in D cafeteria);

1. Application of Acts and subordinate statutes to photographs and materials of police officers dispatched to the scene;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the Defendant’s assertion regarding Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the said Act, the Defendant alleged that the table table did not exist either at a time and place of charge, but the records can be revealed as follows.

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