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(영문) 대구지방법원 경주지원 2014.10.01 2014고단593
업무방해등
Text

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

Reasons

Punishment of the crime

On November 7, 2013, the Defendant was sentenced to one year of suspended execution for four months of imprisonment with prison labor at Suwon District Court for the crime of interference with business, and the judgment became final and conclusive on the 15th of the same month and is currently under suspended execution

1. On August 10, 2014, from around 18:00 to around 19:00 of the same day, the Defendant obstructed the victim’s restaurant business by force by force, such as: (a) from around August 10, 2014 to around 19:00 of the same day, the Defendant had no recent daily distance at the “E” restaurant for the victim D’s D operation; and (b) caused a lack of space with the knife’s department members; and (c) the Defendant took a large voice for customers in the remaining restaurant, such as “nicking knife, knife, knife, and knife,” etc.

2. At around 19:00 on the same day, the Defendant publicly insultingd the victim by openly insulting the victim by putting 40 people, including “sprinking, sprinking, sprinking, sprinking, sprinking, sprinking, etc.” at the entrance of the above restaurant, who was called out after having received 112 reports at the entrance of the above restaurant, and 40 persons, including the victim G, a police officer affiliated with the police box of the racing Police Station, for returning home

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement of each police statement concerning G and D;

1. Reports on internal investigation (field conditions, etc.), accusation reports, photographs of the scene of damage, and internal investigation reports (including details, etc. of the statement of the victim);

1. Records of previous judgments: Criminal records, etc., inquiry reports, investigation reports, and application of seven copies of written judgments;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment) and Article 311 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the Defendant committed the instant crime again, and is not agreed with the victims, when he/she is under suspension of execution of the same kind of crime, with both punishments under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments for the heavier crime of interference with business).

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