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(영문) 서울중앙지방법원 2019.09.05 2018고단5019
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

【Criminal Power】 On November 22, 2018, the Defendant was sentenced to a suspended sentence of 4 months for the crime of interference with business at the Seoul Northern District Court on April, 2018, and the said judgment became final and conclusive on November 30, 2018.

around 22:00 on July 14, 2018, the Defendant: (a) requested installment payments of KRW 19,000 for meal expenses in the “D” operated by the victim C (here, 42 years of age) located in Jung-gu Seoul Metropolitan Government; (b) on the ground that the victim made a lump-sum payment, the Defendant expressed the victim’s desire with the large voice of “Iging this opening,” and “Chewing baby,” and interfered with the operation of the restaurant by force for about 30 minutes by force.

around 18:00 on April 1, 2018, the Defendant: (a) while drinking alcohol in a cafeteria operated by the Victim F (F) in Jongno-gu Seoul, Jongno-gu, Seoul; (b) provided an desire for an unspecified number of customers under the same influence as alcohol, such as “the same ring,” and (c) provided a breath of the victim’s shoulder, and expressed his/her desire to read “Crank” and interfere with the operation of the victim’s restaurant by force for about 20 minutes, such as the customer’s leaving the said restaurant.

around 17:00 on November 10, 2018, the Defendant expressed the victim and his/her dependent on the “JJ of the operation of the victim I in Jung-gu Seoul Metropolitan Government,” and expressed the victim and his/her dependent on the victim’s his/her parents as “Isri years, seeds are bad, Isri years, Isri children, and Isri children.”

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

"2018 Highest 5019"

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification of CCTV images at a damaged restaurant, and telephone conversations for D employees): 2018 Highest 5217;

1. Statement by the defendant in court;

1. Lritten statements;

1. A criminal investigation report (the confirmation of the details of the victim's F telephone, witness M telephone, and 112 reported case processing), "2019 order276".

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