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(영문) 대전지방법원 2015.11.26 2014고단4024
업무방해
Text

A defendant shall be punished by imprisonment for not less than five 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 November 14, 2014, the Defendant interfered with a woman’s restaurant business by force by avoiding disturbance, such as making it potable, and interfering with a woman’s restaurant business by force, at the D restaurant operated by Daejeon Middle-gu B and the victim C (V, 46 years old) without any justifiable reason, at the D restaurant operated by the Defendant and the victim C (V, the Defendant).

2. On November 19, 2014, the Defendant committed the crime of November 19, 2014, at the aforementioned D restaurant from around 11:40 to around 11:55, the Defendant interfered with a female restaurant business by force by forcing customers who had entered the relevant place by avoiding disturbance, such as “the time-to-face, to-face, to-face, in a knife, in a knife, in a knife,” without any justifiable reason, such as “the time-to-face, to-face, in a knife, in a knife” without any reason.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to each investigation report (No. 6,7) (Evidence List);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

1. All the conditions of sentencing, including the time of the crime and the degree of actual damage, the motive and circumstance leading to the crime, and the age, happiness and environment of the defendant, which have no criminal record of the suspended execution of punishment under Article 62 (1) of the Criminal Act;

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