(영문) 광주지방법원 2019.02.20 2018고단5265

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(영문) 광주지방법원 2019.02.20 2018고단5265

업무방해등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 20, 2018, at around 11:30, the Defendant interfered with the business of the Defendant: (a) at the “D” restaurant operated by the Victim C (hereinafter referred to as “D”) in Gwangju-dong-gu, Gwangju-gu; (b) after ordering food, the Defendant walked the table that he was seated on the table without any justifiable reason while waiting to sit on the table; and (c) the customers who were seated on another table inside the above table “I can calculate the food value;” (d) the Defendant interfered with the Defendant’s restaurant business by force by force by placing the chair who was in the restaurant room at the bottom of the restaurant; and (d) the cafeteria was removed from the restaurant employee; and (e) the cafeteria was laid down on the bottom of the restaurant; and (e) the cafeteria was accompanied by the above chair, thereby interfering with the victim’s restaurant business.

2. The Defendant damaged the property at the time and place indicated in the above Paragraph (1) of this Article, as seen above, the victim C’s market price of KRW 220,000 was cut off by generating one table, and one council member was collected from the above victim’s market price of KRW 80,000, and the number was 300,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the spot, damage photographs and estimates;

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

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders - Reasons for sentencing under Article 38(1)2 of the Criminal Act - The defendant recognized his/her mistake: The defendant was sentenced to the suspension of execution for April as a result of the crime of interference with business on July 2018; the defendant committed the same crime during the suspension of execution; the defendant was sentenced to the suspension of execution for two years; the defendant was punished for the crime of this case in the same manner as the crime of interference with business on the part of 2014 and 2018; and

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