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(영문) 춘천지방법원 2019.02.28 2018고단1201
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

【Criminal Power】 On June 28, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Chuncheon District Court, which became final and conclusive on January 25, 2019.

【Criminal Facts of Crimes】 Around November 21, 2018, the Defendant was under way in front of the D cafeteria operated by Chuncheon-si B (Y, 60 years of age) on November 21, 2018. On the ground that he/she was faced with a person who was unable to receive his/her name on the ground that he/she was faced with a person who was a customer on the said cafeteria, and the Defendant was under dispute before the cafeteria, and the police officer called the cafeteria to have him/her return to Korea.

Nevertheless, at around 04:00 on the same day, the Defendant sought a cafeteria of the victim, and the Defendant left the cafeteria to other customers under the name of the victim because of his badness, left the cafeteria, let the victim go out of the cafeteria, 2 the table table in the cafeteria, 2 the victim followed up the cafeteria in the cafeteria, left the cafeteria on the floor.

As a result, the defendant interfered with the victim's restaurant business by force, and damaged the city's sublet and the main disease.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. C’s statement;

1. On-site photographs, investigation reports (Attachment to CCTV images at the site of the incident), investigation reports (Attachment to CCTVs inD);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report accompanied by a written judgment), and application of Acts and subordinate statutes significantly to this court;

1. Article 314 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The fact that the crime of this case was committed in spite of the record of the crime subject to the suspended sentence of imprisonment not less than five times with the punishment of a fine by an act of violence against the defendant for the reason of sentencing under Article 62-2 of the Probation Criminal Act, and that there was no agreement with the victim.

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