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(영문) 창원지방법원 2013.11.01 2013고단2455
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2013 Highest 2455] At around 00:40 on August 5, 2013, the Defendant: (a) obstructed the victim’s main business by force by avoiding the disturbance for about 20 minutes; (b) the Defendant was sentenced to a fine due to the Defendant’s failure in the above main points; and (c) the Defendant, the husband of the victim and the victim, expressed that “I am impe, saw, saw, and a fine has been imposed.”

[2013 Highest 2632]

1. On August 14, 2013, the Defendant committed the crime of August 14, 2013: (a) around 19:45, at “H main points” operated by the Victim G in Jindo-gu, Changwon-si, J, under the influence of alcohol without any particular reason, destroyed the victim’s main business by avoiding disturbance, such as her employees I and J, and collecting the tables and chairs, thereby obstructing the victim’s main business; and (b) during that process, the Defendant destroyed the victim’s table, 1, and 3 of the chairs to cover the repair cost.

2. On August 31, 2013, the Defendant committed the crime of August 31, 2013, at around 19:20, the Defendant obstructed the victim’s restaurant business by avoiding disturbance, such as, without any particular reason, drinking at L restaurants operated by the Victim K in Chang-gu, Changwon-si, Seoul, without any specific reason, drinking the victim’s K, booming the customers with a view to drinking expenses, and raising them.

(M) The statement of the victim’s name is deemed to be a clerical error in K, and the summary of the evidence is written later).

1. Defendant's legal statement;

1. Each police statement to D, I, and K;

1. Application of each statute on photographs;

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

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

1. Article 62 (1) of the Criminal Act ( Taking into account factors of sentencing favorable to the accused among the reasons for sentencing following the suspended sentence);

1. The criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the background leading to each of the crimes in this case, the fact that the victim D reached an agreement, and the damage to property.

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