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(영문) 서울북부지방법원 2019.02.20 2018고단1183
업무방해등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On November 15, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Northern District Court for the crime of interference with business and completed the execution of the said punishment on May 31, 2017.

"2018 Highest 1183"

1. On February 8, 2018, at around 12:00 to 17:55, the Defendant obstructed the business of the victim’s restaurant business by force, such as running a restaurant operated by the victim C in Jung-gu Seoul Metropolitan Government, which read “her drinking cruel” to other customers while under the influence of alcohol. The victim saw that “her drinking” is “her drinking” and “the Chewing year” to other customers, and the victim took a bath to other customers, and interfered with the victim’s restaurant business by force, such as having a pipe fluencing the disturbance to the restaurant.

2. The injured Defendant inflicted an injury on the number of treatment days, such as cutting down the two arms of the victim C (79 years of age, inn) who is a restaurant proprietor that prevents the Defendant from doing the act at the time and place specified in paragraph 1, and making it possible to capture and force the two arms of the victim.

around 20:20 on March 12, 2018, the Defendant, at the Jung-gu Seoul Metropolitan Government Myeongdong 120-2, and at the Myeong Station square, in dialogue with the victim D(57 years of age). On drinking, the Defendant injured the victim at the right eye of the eyebrow where the number of days of treatment can not be known.

Summary of Evidence

"2018 Highest 1183"

1. Defendant's legal statement;

1. Statement to C by the police;

1. A photograph of damaged part of the victim;

1. Previous records of judgment: Criminal history records, etc. and investigation reports (verification of records of repeated crimes, records of suspension of execution, etc.);

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs taken of parts of an injury inflicted on a victim;

1. Previous records: Application of criminal records, etc. and investigation reports ( repeated offenses and crimes during the period of suspension of execution)-related Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense, the choice of imprisonment and punishment;

1. Article 35 of the Criminal Act among repeated crimes:

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