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(영문) 대구지방법원 포항지원 2019.01.31 2018고단1582
업무방해
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

At around 02:40 on November 16, 2018, the Defendant, at the main point of “D” in the operation of the Victim C (Y, 35 years of age) located in Nam-gu, Nam-gu, Sinpo-si, Macju 6 diseases and Macju 1 disease after drinking 1 disease, who is demanded from the victim to compute the drinking value of KRW 2.50,000,000 from the victim, provided that “I do not drink. I will see why we will d? I will d? you will d? you will d? you will d? you we will d? you will d? you will d? you will d? you will d? you d? you will d?? you will d? you d? you will d? you d? you will d? you will get the female employees and the wall and let the customers who were in the main place.

Accordingly, the defendant interfered with the main business of the victim for about 30 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A written statement;

1. Application of internal investigation reports (related to field photographs, victim photographs, etc.), investigation reports (related to the attachment of CCTV images taken by assault, etc. of a suspect A), and statutes;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Selection of alternative imprisonment with prison labor (in light of the form of a crime that obstructs business by taking advantage of alcohol, etc., the nature of the crime is not less than that of the crime, and the criminal records of the same kind are over several times, such as punishment twice as suspension of the execution of imprisonment with prison labor, and other criminal records are not substantial);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on Suspension of Execution (see, e.g., that a female does not want the punishment of the defendant by payment of the amount equivalent to the

1. Probation under Article 62-2 of the Criminal Act;

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