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(영문) 서울중앙지방법원 2013.11.21 2013고단6420
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On September 10, 2013, around 20:10 on September 20, 2013, the Defendant obstructed the victim’s restaurant business by force by having the victim’s 4th floor “D History” located in Seoul Jung-gu, Seoul, a restaurant operated by the victim E (n.e., 54 years of age) with the fourth floor of “D History” (hereinafter “DIB”), and by having the victim interfered with the victim’s restaurant business by drinking money without paying the food value.

2. On September 10, 2013, the Defendant violated the Punishment of Violence, etc. Act (collectively weapon, etc.) committed an act of assaulting the victim by carrying a dangerous object, such as whether he/she reported to the victim, she was able to look at the above restaurant and having taken a dangerous object at around 20:43, while the victim was not punished and she was sent out of the restaurant. However, at around 20:43, the Defendant tried the victim by carrying with himself/herself the victim F (the age of 61), who was the customer, she was able to say that he/she reported to the victim, she was able to say that he/she was she was she and she was she, and the victim was she was frighted with the victim's clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. E statements;

1. Investigation report (related to statements made to victims E);

1. Application of Acts and subordinate statutes on virtual and damaged photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act Article 314 (1) of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that an agreement has been reached with both victims and that the error has been repented in depth);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. The scope of sentence under Article 62-2 of the Probation Criminal Act (see, e.g., a decision) is rendered as per the disposition, on the grounds that the period between April and January, and February, are higher than that of punishment.

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