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(영문) 대전지방법원 2016.12.07 2016고단3501
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2016, from around 17:00 to 17:15, the Defendant expressed “E” Ma, which is operated by the victim D in Daejeon-gu, Daejeon-gu, that “the Defendant recommended a person who can drink to drink,” and the victim expressed to the suspect that “it is good that the person who can drink can not drink?” and said that the victim told the suspect that he would be bad, “I will not drink the person who can drink,” and reported to the other customers that “I will drink the person who can drink,” and interfere with the victim’s bread business for about 15 minutes by force, such as a Kater’s “scrobing”, and a sound.

2. From around 17:50 on September 8, 2016 to 18:10, the Defendant, at the “H” restaurant operated by the victim G (54 years of age) in Daejeon-gu, Daejeon-gu, the Defendant, under the influence of alcohol, obstructed the victim’s restaurant business for about 20 minutes by force of booming the victim’s “scoppy, scoppy,” with the large voice that the victim “scoppy, scoppy, and scoph,” without any reason.

3. From around 10:20 on September 28, 2016 to 10:35, the Defendant interfered with the victim’s restaurant business for about 15 minutes by force, i.e., “K” restaurant operated by the victim JJ of Daejeon-gu Daejeon-gu, Daejeon-gu, by breading the table table on several occasions with hand, without any justifiable reason, and passing on customers “before the police frat, frat, and frating”.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, G and J;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 13 and 24);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act shall be in the sentencing guidelines.

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