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(영문) 서울북부지방법원 2020.05.27 2019고단5099
업무방해등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on October 21, 2019, the Defendant obstructed the victim’s main business by force by: (a) ran tavern in the “D’s operation” of the victim’s C, which is located under the building of the Jung-gu Seoul Metropolitan Government building B; (b) putting his employee E in a large sense, taking the victim into consideration; and (c) taking the beer and boom, and taking the beer and brut to the customer at the same place; and (d) taking the bath to the customer.

2. The Defendant assaulted the victim by drinking the victim E (38 years of age) at the time and place specified in paragraph 1, 2 times by drinking the victim E (38 years of age), bating bat with fat, pushingling with bat, pushing ahead, etc.

3. The Defendant destroyed and damaged property by putting sporess on the market price unsporess established in the front line of the above main point, the victim C, at the time and place described in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Each investigation report (victim E telephone conversations, on-site visit, etc.);

1. Business license certificate, photograph, CCTV image-cap photograph, CD (the defendant and his defense counsel asserted that there is no time to cover the victim's threshold in relation to the crime of assault, but in light of the above evidence, the defendant can sufficiently be recognized in the process of breathing the victim's threshold in alcohol in the process of breathing the breath, so the above argument is rejected). The above argument is not accepted.

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing of Article 62-2(1) of the Criminal Act on probation and community service order is that the defendant interfered with the business of the main place of business by leaving the main place of business in the danran tavern, and assaults the main place of business and damages the goods.

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