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(영문) 창원지방법원 마산지원 2019.10.16 2019고단754
업무방해
Text

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

Reasons

Punishment of the crime

[criminal power] On February 28, 2018, the Defendant was sentenced to imprisonment with prison labor for special injury, injury, interference with business, and special violence at the Changwon District Court Support on July 11, 2019, and completed the execution of the sentence in the Changwon Prison on July 11, 2019.

【Criminal Facts】

1. On August 8, 2019, the Defendant committed the crime of August 8, 2019: (a) around 01:20 on August 8, 2019, while drinking mixed alcoholic beverages at “D key points” in the “D key points” in the operation of the Victim C located in Changwon Mucom Port B, it was difficult for the Defendant to avoid disturbance for about 10 minutes by stating that he would be late to sing because of other customers, he would be “Chewing, smelting” to the victim of the instant case, stating that he would be “weinging off, sweing off,” and the victim of the instant case, 2 the table 2 and 8 sweing off, sweing the bed down the bed of the bed and sweing the bed on the floor.

Accordingly, the Defendant interfered with the victim's main business by force.

2. The Defendant committed the crime of August 11, 2019, at around 01:40 on August 11, 2019, 2019, was unable to avoid disturbance for about 20 minutes due to the fact that the Defendant, while drinking mixed alcohol at the “Gnorae shop” in the operation of the Victim F of the Victim E located in Chang-si, Changwon-si E at the expense of the time when the police officer was called out, she was unable to avoid disturbance for about 20 minutes due to the fact that the Defendant collected eight beer bottles on the floor on the floor of the table and carried eight beer bottles on the table of the table.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. 12 reported case handling table, respectively;

1. On-site reports (as to attachment of field photographs):

1. Investigation report (Attachment of a victim C case-site photograph);

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of results of the search of prisoners, confirmation of the same record);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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