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(영문) 대구지방법원 서부지원 2018.02.02 2017고단578
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2017 Highest 578"

1. On February 5, 2017, the Defendant, at around 19:30 on February 5, 2017, committed assaulting the victim’s head part by putting the victim’s head head behind the victim’s knife at the main point of “E” in the operation of the victim D (n, 66 years old) located in Daegu-gu Seo-gu, Daegu-gu (hereinafter “E”), with the victim’s head knife who was seated on the side table.

2. On February 5, 2017, at the main point of the victim’s operation around 19:30 on February 5, 2017, the Defendant obstructed the victim’s main duty to operate the victim’s main store by force for about one hour by putting the disturbance on the cryp, such as drinking alcohol and bitching a large amount of sound without any particular reason, such as fribing, and throw away from the victim.

On April 10, 2017, the Defendant, “2017 Highest 972,” by deceiving the victim by ordering the victim to pay the food value at the “H” restaurant of the victim’s G operation in Daegu-gu, Daegu-gu, despite the absence of money, and even if there was no intent or ability to pay the said food value, the Defendant, as if he would normally pay the money, by ordering the victim to do so, 3 combined 1 malbbbling, 1 malbling, 1 malbling, and 35,900 won from the injured party.

Summary of Evidence

"2017 Highest 578"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site reports (on-site photographs): " 2017 Highest 972";

1. Statement by the defendant in court;

1. G statements;

1. Application of the receipt statute

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

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

1. Article 62(1) of the Criminal Act on the suspension of execution (the same type of power is many, but it exceeds the fine.

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