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(영문) 수원지방법원 평택지원 2015.02.12 2014고단1860 (1)
업무방해
Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. On October 11, 2014, at around 02:15, the Defendants: (a) conspired with six other customers, including D, to sit in the restaurant for the operation of the victim F in Pyeongtaek-si; (b) to take personnel in the order of a large sound to D; (c) to see D, she was on the floor of the fro; (d) to put the other customers into the fro; and (e) to make the other customers froe, and to prevent them from entering the restaurant, thereby interfering with the victim’s restaurant business for about 40 minutes by preventing them from entering the restaurant.

2. On October 11, 2014, Defendants of the violation of the Punishment of Violences, etc. Act (joint assault) jointly committed assault, such as, inter alia, that the victim H (20 years of age) was the victim, a customer, at the G packing horse in Pyeongtaek-si around 04:05, on the ground that the victim was h (20 years of age). I took two times of her hand, and Defendant B took once of her face, and Defendant B took one time of drinking the victim’s face, and Defendant A committed assault around it so that the victim could not resist against the victim.

3. On October 11, 2014, the Defendants jointly with I, 200:36 around 04:36, 201, walked a trial expense to the victim J (38 years of age) in front of the car store located in the special tourist zone of Pyeongtaek-si, and resisted the victim without any justifiable reason; I taken the victim's face and body by drinking; I took the victim's face and body at hand; Defendant A took the victim's face and body by drinking; Defendant A took part in drinking; Defendant B took part of the victim's breast part; Defendant B took part of the victim's bridge on several occasions, and Defendant B suffered injury, such as taking approximately four weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, K, L, H, and J;

1. Application of Acts and subordinate statutes to CCTV images, photographers, and written diagnosis of injury;

1. Article 314(1) and Article 30 of the Criminal Act, Article 314(1) and Article 30 of the same Act, and Article 2(2) and Article 2(1) of the Punishment of Violences, etc. Act, concerning the punishment of criminal facts;

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