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(영문) 서울서부지방법원 2018.10.26 2018고단2443
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 26, 2018, at around 23:20, the Defendant obstructed the victim’s restaurant business by force for about 20 minutes, including, but not limited to, the 'D’ operated by the victim C in Eunpyeong-gu Seoul, Seoul. Around 2018, the Defendant, who sought to order the drinking and food upon being drunk, was able to listen to the end of the business from the injured party. However, the Defendant obstructed the victim’s restaurant business by force for about 20 minutes.

2. Around 03:10 on June 27, 2018, the Defendant boarded a F taxi operated by the Victim E (the South, 57 years of age) and tried to get off the taxi at the front of Eunpyeong-gu Seoul Metropolitan City, a destination, but without paying a taxi fee. The victim saw the Defendant’s finger, plicked the victim’s finger, plucked the victim’s face, and bucked the victim’s face by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of H and C preparation;

1. Application of the Acts and subordinate statutes to photographs by cutting down a black stuff image and cutting off DNA CCTVs;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The same sentence as the order shall be imposed in consideration of the following factors: (a) the majority of the records of punishment for the crime of violence with reason of sentencing under Article 62-2 of the Social Service Order Criminal Act are unfavorable circumstances; (b) the victim of the crime of interference with business, and there is no record of punishment exceeding a fine for about 30 years;

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