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(영문) 서울북부지방법원 2016.05.18 2016고단66
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2015, the Defendant: (a) around 17:17, at the “E” restaurant for the victim D’s operation in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “E”); (b) at around August 30, 2015, the Defendant received a disturbance report while the customers are eating, and was notified by the police officer of the disturbance to create uneasiness.

1. The defendant finds again at the above restaurant around 18:30 on the same day that he gets eating to customers, and she gets off 50,000 won of 500 won of her own breath because she was about about her way to her way to her way to her own.

In order to see "," and to see the cafeteria from outside the restaurant to 2.5 minutes, the victim's cafeteria by force has interfered with the victim's cafeteria's business operation for about 25 minutes by avoiding the disturbance, such as walking the cafeteria.

2. The Defendant: (a) found the above restaurant on the same day and provided meals to customers; (b) whether the Defendant was cut off the victim’s “at the front of the entrance” in front of the entrance.

C. The victim spawd the disturbance, such as hinginging up, hinginginging, hinginginginging, “I am well potable and well satis,” thereby obstructing the victim’s restaurant business by force for about 20 minutes by avoiding disturbance, such as “I am well satis and well satising”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Investigation into telephone conversations between witness and F)

1. Application of Acts and subordinate statutes governing the disposition of reported cases, such as a report on investigation (attached to 112 report processing), and 112 report processing;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs of the recommendation [the scope of the punishment], the area of mitigation (one month to eight months) [the person subject to special mitigation], the area of punishment not subject to punishment (including the advanced efforts to recover damage);

3. The victim of the judgment of sentence shall be the police;

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