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(영문) 춘천지방법원 강릉지원 2018.10.19 2018고단840
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On June 13, 2018, the Defendant obstructed the victim’s business operation by force by up to 13:30 hours from June 13, 2018, 2018, under the influence of alcohol from the victim C’s “D Ski” operated by Gangseo-si (Seoul) around 12:30 on June 13, 2018, the Defendant: (a) took a heavy look at the customers coming to the said Schlage; (b) laid down the brue into the upper door; and (c) took up the brue in the front door; and (d) took up the brue inside the entrance; and (c) obstructed the victim’s business operation for about one hour.

2. On August 24, 2018, around 11:35, 2018, the Defendant interfered with the Defendant’s business operation of the Victim Smarket for about 40 minutes by force, such as: (a) under the influence of alcohol on August 24, 2018, the Defendant, at around 11:35, 2018 and without any reason, expressed to the said Schlage the customers who find out of the said Schlage in large interest; and (b) he collected the fruits, etc. displayed within the upper point, and (c) putting the victims out or sit down, and demanding alcohol to the victims C, thereby interfering with the Defendant’s business operation for about 40 minutes by up to 12:20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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. Article 62-2 of the Criminal Act on the observation of protection;

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