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(영문) 서울동부지방법원 2014.02.12 2014고단12
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 16, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment with labor for the crime of interference with business at the Sungwon District Court's Sungnam branch on June 2013, and the said judgment became final and conclusive on August 24, 2013, and is still under suspended sentence.

1. On December 28, 2013, around 06:30 on December 28, 2013, the Defendant interfered with the victim’s restaurant operation business by force by having his/her employees go against the disturbance, such as: (a) d'E' operated by the victim D in Songpa-gu Seoul; (b) d'E' in a so-called 'E' restaurant operated by the victim D; and (c) d'E' in a so-called manner, d'E';

2. At around 07:30 on December 28, 2013, the Defendant publicly insultingd the victim by putting the victim at a large interest, such as “I am gate, Ne, I am son, I am son, I am son, I am son, I am son, I am son, I am son, I am son, I am son, I am son.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A statement of F and J;

1. Police seizure records;

1. Application of each statute on photographs;

1. Article 314 (1) (a) and Article 311 (a point of interference with business in the market) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the defendant was sentenced to a fine of the same kind for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, and the defendant was also sentenced to a suspended sentence of imprisonment twice, and the defendant again committed the crime of this case without being aware of it during the suspended sentence period as stated in the facts of the crime in the judgment.

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