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(영문) 서울북부지방법원 2013.05.24 2013고단793
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 17, 2013, from around 14:30 to 16:00 of the same day, the Defendant interfered with the business of a woman’s restaurant business by force, by avoiding a disturbance, such as “D” restaurant operated by the victim C in Jung-gu Seoul, Jung-gu, Seoul, with the large amount of “D” without any reason, such as “d” so that she can not enter the said restaurant, by drinking so as to make two customers aboard the restaurant, and by prohibiting them from entering the said restaurant.

2. Around 16:00 on March 17, 2013, the Defendant: (a) heard the victim C (here, 57 years of age) the phrase “at the same time, he/she drinks alcohol, so he/she goes back to house”; (b) took a bath to the victim “Chyp”; and (c) took a kitchen, which is a dangerous object in the kitchen located in the above restaurant (total length of 35 cm and 20 cm length of knive day), and threatened the victim by carrying a dangerous object in a knife, carrying the knife with the victim.”

3. From around 17:30 on March 26, 2013 to 18:20 on the same day, the Defendant interfered with the business of the Defendant: (a) demanded the victim C to be be beer in the restaurant as set forth in paragraph (1); (b) but (c) there is a defect that women would go, and (d) prevented customers who were entering the said restaurant from entering the restaurant by putting in his/her hand the table, such as strawing, in his/her hand, and making it difficult for them to enter the restaurant, thereby interfering with the female restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Investigation report (as to the statement of witness);

1. Application of Acts and subordinate statutes on the spot, identification cards, and photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 2 (1) and 283 (1) and 314 (1) of the Criminal Act (the choice of imprisonment with prison labor for a crime of interference with business);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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