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(영문) 창원지방법원거창지원 2020.08.12 2020고단97
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 17, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of interference with business, etc. at the Changwon District Court’s branch on April 17, 2019 and completed the execution of the sentence on December 16, 2019.

【Criminal Facts】

1. Around January 17, 2020, the Defendant, from around 16:38 to around 30 minutes from around January 17, 2020, obstructed the victim’s restaurant business by force by avoiding disturbance, such as bringing the disturbance to the victim by “this year, year, year, year, year, and pair of years,” which was operated by the victim C in Gohap-gun B.

2. Around January 28, 2020, the Defendant: (a) from around 18:30 on January 28, 2020 to around 30 minutes, the Defendant obstructed the victim’s restaurant business by abusing the disturbance, such as: (b) under the influence of alcohol, the Defendant expressed the victim’s desire to “this year, year, weather year, year, opening, and drinking period; and (c) the victim’s restaurant business.”

3. On April 11, 2020, the Defendant: (a) around 17:45 on April 11, 2020, around 30 minutes from around 17:30 minutes to around D operated by the victim C in Gohap-gun B; (b) expressed the victim’s desire to “Chewing” in alcohol; (c) threatened the victim with drinking; and (d) threatened the G who made the customer with the desire to read “Chewing baby.” As such, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance, such as threateninging the victim to read “Chewing baby.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reports on internal investigation (in cases of attaching a field photograph), investigation reports (in cases of attaching a field photograph), internal investigation reports (in cases of attaching a list of reported cases), investigation reports (in cases of reporting 112), and investigation reports (in cases of confirmation of the 112 Reporting List);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification during the repeated period);

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. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are the same as the accused.

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