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(영문) 서울남부지방법원 2020.02.17 2019고단5796
업무방해등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 7, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Seoul Southern District Court, and the execution of the sentence was completed on March 1, 2019 at the Seoul Southern Southern District Court.

【Criminal Facts】

1. Around 12:40 on September 27, 2019, the Defendant interfered with business, at the D cafeteria operated by the Victim C (Y, 55 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “D”), the Defendant saw the victim’s voice as “not,” and expressed the victim’s voice as “I am going to a person who boomed with breath in this weather year,” and took a bath. Around about 20 minutes of the food on the table, the Defendant was able to escape the disturbance, such as shicking the food on the table on two hand.

Accordingly, the defendant interfered with legitimate duties concerning restaurant business of the victim.

2. The Defendant stated in the written indictment of her right buck with a victim as stated in paragraph (1) at the time and place, as seen above, that he/she met the right bucking with the victim’s right bucking, but C stated in this court that he/she was at the right bucking, and written statement on the day of the instant case that he/she was at the right bucking

In the case of damaged photographs (Evidence No. 11), the right buck is marked as the part of the damage.

Even if the damaged parts are revised as above, it seems that there is no substantial disadvantage to the defendant's right of defense. Thus, the damaged parts shall be revised and recognized according to the facts acknowledged by evidence without undergoing the amendment procedures.

B at one time, assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness C and E (However, the victim stated differently at an investigative agency on whether he/she is right or left side, but it seems to be confused with the passage of time;

A consistent statement is made with respect to this point.

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