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(영문) 서울북부지방법원 2015.11.18 2015고단3502
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 19, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence for the crime of interference with business at the Seoul Eastern District Court on November 19, 201, and the judgment became final and conclusive on November 27, 2014,

【Criminal Facts】

1. On September 29, 2015, from around 02:00 to 03:00, the Defendant interfered with the business, without any justifiable reason, entered a “D” restaurant located in Dongdaemun-gu Seoul, and obstructed the business of the victim’s restaurant by force, such as: (a) having his employee E (hereinafter “V”) drink, without any justifiable reason, while drinking the net platform provided by the victim E (the 49 years of age).

2. The Defendant threatened the victim F (the 63 years of age) who was an employee of the victim F (the 63 years of age) with the date and time set forth in paragraph 1, and at the same place as above, with the intent to avoid the Defendant’s failure by saying, “the f3 years of age would go against the Defendant, and thereby, threatened the Defendant with the threat of the victim as if he were at the time and time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Before holding: Application of Acts and subordinate statutes on criminal records, etc. inquiry reports and investigation reports (attached to previous records and related data);

1. Relevant Article 314(1) of the Criminal Act, Article 283(1) of the Criminal Act and Article 283 of the Criminal Act, the choice of imprisonment for a crime

1. From among concurrent crimes, the reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act shall interfere with the second crimes (Interference with business) in the basic area (two to one year) of the crimes of intimidation (the scope of recommendations) (the basic area (two to one year) (the scope of recommendations).

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