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(영문) 부산지방법원 2014.10.16 2014고단3888 (1)
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 17:00 on April 7, 2014, the Defendant and C received food and alcohol equivalent to KRW 44,000, such as scambling at the F cafeteria operated by the victim E, which is located in Busan Y, and around 21:00 on the same day, the Defendant was able to take a bath to the victim with a large voice called “Chewing baby, the same year,” on the ground that the victim took a scam in lieu of the scam by the service, and scambling the baby and beer’s disease on the floor, and C was able to take the other customers who want to restrain A, and C was able to take the bath, such as “I interfered with the scam, whether I scam.”

Accordingly, the defendant and C jointly interfered with the victim's restaurant operation by force over about one hour and twenty minutes by allowing other customers to leave the above restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the second protocol of trial;

1. A copy of each protocol of examination of the accused and C by the prosecution;

1. Copy of the prosecutor's statement concerning E;

1. A copy of the receipt (a statement by the police);

1. Application of Acts and subordinate statutes to a copy of the investigation report (attached to the indictment, etc. for related cases);

1. Articles 314 (1) and 30 of the Criminal Act applicable to the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account all the circumstances, such as the background leading to the instant crime, means, method, and degree of damage);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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