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(영문) 부산지방법원 2018.04.20 2018고단1164
업무방해등
Text

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

Reasons

Punishment of the crime

On December 23, 2016, the Defendant was sentenced to imprisonment with prison labor for the purpose of interfering with or coercioning business in this court, and on October 26, 2017, the Defendant completed the execution of the sentence at the Busan detention center.

1. On March 20, 2018, the Defendant who interfered with his/her duties entered the state of alcohol in “D cafeteria” located in the Busan Young-gu, Busan Metropolitan City C commercial building on March 20, 2018, from the victim E, a business owner, “I will not sell to the Party.”

d.On the other hand, the request was received, but it did not comply with it, and the other customers frighten the disturbance, such as standing on the table of the other customers, standing to take a bath, making them take a restaurant, let the drinking customers frighten it. On the other table customers, they continuously frighten the other table customers with the mind of drinking, and interfere with the victim's restaurant business by force over about 1 hour and 30 minutes, such as drinking, drinking, drinking, and drinking, etc.

2. The Defendant damaged property at the time, at the place, paragraph 1, and at the above time, and at the same time, the entrance was dried so that the door door lockeds and entrances can be set up so that the repair cost can be KRW 300,000 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to F, G, and E;

1. Each photograph/cinematographic output, 112 reported case processing list, investigation report (netly 6), each photograph/cinematographic output;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (11) and application of Acts and subordinate statutes concerning the status of personal confinement;

1. Relevant Article 314 (1) of the Criminal Act concerning the crime and Article 366 of the Criminal Act concerning the choice of punishment ( Imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. A mitigated person (i.e., one month to eight months) in the mitigation area (i.e., special mitigation or aggravation), (ii) in the mitigation area (i.e., special mitigation or aggravation) in the mitigation area (i., one month to eight months): A person whose punishment is to be increased by aggravity of punishment: A second crime (damage) for the same repeated offense (the scope of recommendation).

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