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(영문) 서울남부지방법원 2017.04.13 2016고단6123
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 15, 2015, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing business operations at the Seoul Southern District Court, and completed the execution of the sentence at the port prison on August 15, 2016.

[2] On December 7, 2016, the Defendant: (a) around 21:20 on December 7, 2016, the Defendant: (b) “E” in the “E restaurant operated by the Victim D (41) located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul; (c) on the one hand, the Defendant was able to receive only KRW 10,00; and (d) the half-do Do scam.

Along to about 20 minutes of the disturbance, such as taking a bath with a large sound, customers who were in the restaurant were in the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

"2017 Highest 1015"

1. On March 7, 2017, at around 22:00, the Defendant: (a) under the influence of alcohol, the Defendant: (b) tried to place a thing on which H was displayed at the store located in G Doro located in Yeongdeungpo-gu Seoul Metropolitan Government, on the ground that H, working at that store, did not sell beer; and (c) intended to place the thing on which H was displayed at the store in question; and (d) expressed a bath in the large sound called “Woo Dok Dok Dok Dok Dok Dok Dok,” and made it impossible for customers to make use of the store.

2. The defendant, at the same place around 23:40 on the same day, has collected things that were displayed on the above store while putting a trial cost again to the above H at the same place, and "to grow down and low flob".

Along to about 25 minutes of the disturbance, such as taking a bath with a large sound, customers were unable to use the store.

Accordingly, the Defendant interfered with the business of the above-mentioned person who suffered damage by force, or the operator of the above-mentioned friendship and store.

Summary of Evidence

"2016 Highest 6123"

1. Statement by the defendant in court;

1. A written statement of D and I "2017 Highest 1015";

1. Statement by the defendant in court;

1. A H statement;

1. A detailed statement of the processing of reported cases;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (related to repeated crimes);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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