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(영문) 의정부지방법원 2017.05.11 2016고단4273
업무방해
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment with prison labor for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

On September 10, 2016, the Defendants: (a) 00:10 on September 10, 2016, at the main point of “N” in the operation of the victim M in the Namyang-si L, the Defendants 4273, under the influence of alcohol, and (b) frightened to 30 minutes of the disturbance, such as drinking and drinking while drinking; and (c) frightening the customers in the area.

As a result, the Defendants conspired to interfere with the victim's main business by force.

At around 02:55 on February 14, 2017, Defendant I, the 2017 High Order 1027, asked the victim Q, nationality and name within the “P” restaurant located in the Namyang-si O on February 14, 2017.

The Defendant boomed scam, which is a dangerous object on the table, and boomed towards the tables that the victim was seated, and the victim blicked with scam, followed by the boom, followed by the blick, and walked with the body blick of the victim, and flicked with the blick of the victim, and blicked with the blick.

Accordingly, the defendant assaulted the victim with a dangerous object as a main disease.

Summary of Evidence

2016 Highest 4273

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Written statements;

1. Investigation report (investigation of the other party to the victim) 2017 high group 1027;

1. Defendant I’s legal statement

1. Each protocol concerning the examination of the police officers in Q and R;

1. Application of the Acts and subordinate statutes to photograph CCTV images by capturing them;

1. Relevant Article 314(1) and Article 310(1) of the Criminal Act; Article 314(1) and Article 30 of the Criminal Act (the choice of imprisonment): Defendant I: Articles 314(1) and 30 of the Criminal Act (the point of interference with business), Articles 261 and 260(1) of the Criminal Act (the point of violence against carrying dangerous things) of the Criminal Act; and each choice of imprisonment;

1. I aggravated accused of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. According to the evidence duly adopted and examined by the court, the determination of the Defendants’ mental and physical disorder assertion by the Defendants under Article 62-2 of the Criminal Act as to the protection observation is based on the evidence duly adopted and examined by the court.

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