(영문) 부산지방법원 서부지원 2019.07.24 2019고단736

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 서부지원 2019.07.24 2019고단736

업무방해등

Text

A defendant shall be punished by imprisonment for seven months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

This part of the facts charged is amended to the extent that it does not disadvantage the defendant's exercise of his/her right of defense.

On October 19, 2018, the Defendant was sentenced to one month of imprisonment with prison labor and six months of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (joint residence intrusion) at the Busan District Court, and completed the execution of the sentence on December 3, 2018.

1. Under the influence of around 05:20 on December 2, 2018, the Defendant found the victim C (the 57-year-old and female)’s “Dcafeteria” operated in Busan-gu, Busan-do, and demanded the victim to provide alcohol. However, the Defendant interfered with the victim’s restaurant business by force by demanding the restaurant customers who did not perform alcohol to provide alcohol and taking a bath.

2. On February 2019, the Defendant, while drunkly drinking, found the victim F (58 years of age, n) in the “G cafeteria” operated by the victim F (G 58 years of age, n) located in the Gangseo-gu, Busan, and asked the victim to drink. However, the Defendant obstructed the victim’s restaurant business by force by drinking the victim’s cafeteria without permission, such as drinking alcohol to the restaurant customers who did not drink.

3. On March 1, 2019, the Defendant: (a) was under the influence of alcohol in the middle and middle parallel; (b) sought to the “J” restaurant operated by the victim I (S) of the victim I (S) located in H and I of Busan Seo-gu, Busan; (c) however, the Defendant obstructed the victim’s restaurant business by force by opening the entrance to open the restaurant door in front of the restaurant entrance that the victim reported to him/her and opened.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement of I and F;

1. Investigation report (12 pages for investigation records), investigation report (163 pages for investigation records);

1. Previous records of judgment: Application of investigation reports (reports attached to the same type of judgment), criminal records, reply reports to criminal records, investigation reports (reports on confirmation of the facts of repeated crimes of suspects), and statutes;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes:

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제35조

-형법 제314조 제1항

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