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(영문) 서울북부지방법원 2014.09.04 2014고단2505
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2014, the Defendant: (a) around 19:00 on July 12, 2014, 2014, at the Eju shop operated by the victim D, drinking alcohol and drinking expenses to customers; (b) the victim 112 reported the defective escape; (c) returned back to the her house, sited in the chair, and laid down on the table; and (d) took a desire to “I see that I sway, I am dead, I am dead, I am dead; and (c) I am the victim’s restaurant business for two hours by force.”

2. On July 13, 2014, the Defendant ordered alcohol at the above E-ray store around 20:30 on July 13, 2014, and obstructed the victim’s disturbance by force during four hours in the food restaurant, such as: (a) he/she opened a cooling machine at that place and takes a beer 2 disease; (b) he/she sits down two beer, and he/she saw two beer on his/her table; (c) he/she saw he/she embling it, whether he/she changed to see, if he/she changed to see, if he/she did so, he/she saw him/her, and she saw him/her to see.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

The reason for sentencing is that the defendant is unable to disrupt the business of the victim by avoiding disturbance in the restaurant twice, and there is no agreement with the victim, so it is inevitable to punish the defendant accordingly.

However, the defendant's mistake.

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