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(영문) 의정부지방법원 2017.06.07 2016고단4452
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 6, 2016, 22:00, the Defendant ordered the Victim D, which is operated by the Victim D, at the Government-Si around 22:00, to drink, and did not make up the two parts of the Plaintiff’s own, but did not make up for the drinking, and provided the Defendant with the above main points and the upper limit of food to the above main points after receiving a telephone from the damaged person to calculate the drinking value.

Does the house bed, “hyn two straws and straws are caused to death;

신고를 해야 하니까 두부를 봉지에 싸 달라, 씨 발 껏!” 이라는 등 큰소리로 욕설을 하고 피해자를 계속 따라 다니면서 주방까지 들어가는 등의 방법으로 소란을 피워 그 주점 안에 있던 손님들을 나가게 하는 등 위력으로써 피해자의 주점 영업 업무를 방해하였다.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement made by the police against D;

1. Each statement of D and F;

1. Receipts, on-site photographs, and the 112 Report Processing List (the police and legal statements that correspond to the facts charged by the victim D are consistent and specific, consistent with the facts charged by the victim D are sufficient and specific, and the F’s legal statements that are customers at the time are supported by them.

If the victim reported 112 to the effect that "a male guest interferes with business," and the police dispatched the situation, etc., the victim interfered with the victim's main business by force as stated in the facts charged.

( fully Recognized) the application of legislation

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts of crime (the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (the scope of recommended punishment) is that there is no basic area (the period from June to June) (the period from June to June), the basic area (the period from June to June), [the person subject to special sentencing] [the decision of sentence] Defendant who takes a heavy desire for a long time and interferes with the victim's main business.

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