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(영문) 대구지방법원 경주지원 2016.12.07 2016고단449
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while under the influence of ordinary liquor, was a person who frequently spawned in the first place of the racing C.

1. On January 31, 2016, the Defendant: (a) around 04:00 on January 31, 2016, at the convenience store for the victim E (n) management in the racing-si, the Defendant: (b) avoided the disturbance of about 20 minutes, such as taking the victim’s high character and taking a bath to the victim in the catter without any justifiable reason, thereby making the customer get out of the disturbance.

2. The defendant has committed the same harm;

3. 4. 21:40, under the influence of alcohol at the scarcity, the victim G (n) calls to the convenience store in the management of the victim G (n) in the racing city, and the victim calls to the convenience store in the above convenience store, and the victim calls to the above convenience store, and the victim calls to the above convenience store, and the victim calls to the above convenience store, and the victim calls to the victim, and “I see it now. I am now. I see it.”

Accordingly, the victim sent the defendant out of the convenience store, and the defendant re-entered about 15 minutes after the 15 minutes, and the defendant her words "I will get out of her" and her "I will get out of her," and her scarcitys, her scarcitys, talks about 20 minutes in total, and prevents customers from entering the area by getting out about 20 minutes."

3. The defendant has committed the same harm.

4. On 28. 00:00, around 200, at the victim H management convenience store in the racing-si, the victim H management convenience store in the racing-si demanded alcoholic beverages to change alcohol on credit, but the victim refused to do so, the victim was able to avoid a disturbance between about 20 minutes, such as hinging a bath or hinging a loudly, thereby making it impossible for customers to enter.

Accordingly, the defendant interfered with the convenience store business of victims by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and H;

1. Application of Acts and subordinate statutes to CCTV photographs and a detailed statement of 112 reported cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

A. Each interference with business.

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