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(영문) 의정부지방법원 고양지원 2018.09.13 2018고단276
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On November 2, 2017, the Defendant: (a) was under the influence of alcohol from the E restaurant operated by the victim D on the first floor of the building in Ilsan-dong C, U.S., U.S., Dong-gu, Seoul on November 2, 2017; (b) was discharged from the victim D; and (c) was discharged from the victim D, and (d) was the victim D., the Defendant was “Choe e, N. L. Ga.

whether or not

"Absing off the disturbance, such as referring to the expression of ", etc.", caused customers to leave the place, thereby obstructing the victim D's restaurant operation by force for about 15 minutes.

2. Special assault and special intimidation: (a) at the time, at the time and place specified in paragraph (1) of this Article, the Defendant collected the victim F (40)’s knee, who was on the Defendant’s side kneeb, the horse that the Defendant f (40) was feass the victim’s knee, who was feasing the Defendant’s knee.

In order to continue to leave the above restaurant, the Defendant collected iron straw (40cm in length: 40cm) which is a dangerous object on the water leg, and threatened the victim G with the victim G’s face. The Defendant threatened the victim G’s face.

Accordingly, the Defendant, carrying dangerous things, assaults the Victim F, and threatened the Victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, G, and D;

1. Application of on-site photographs and statutes governing damaged photographs;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 261, 260(1) (the point of special assault) of the Criminal Act, Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, the selection of imprisonment for each of the following reasons;

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 suspended execution;

1. Class 1 (Assaults) of Article 62-2 of the Criminal Act applicable to the sentencing guidelines for the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation. The six types of assault crimes (Habitual, repeated, and special assault).

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