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(영문) 창원지방법원 2012.08.24 2012고단2254
업무방해
Text

A person shall be punished by imprisonment with prison labor for not less than six months for the crimes of No. 2 and No. 3 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On December 29, 2011, the Defendant was sentenced to six months of imprisonment with prison labor at the Changwon District Court for the obstruction of performance of official duties, etc., and was released as the revocation of detention on April 20, 2012, and the judgment became final and conclusive on May 24, 2012.

1. On April 19, 2012, the Defendant, at the end of 07:30, obstructed the restaurant business of the victims in the same manner four times as shown in the annexed crime list by force, including, but not limited to, interference with the victim’s restaurant business from the time on May 19, 2012, the Defendant took alcohol in “Ejuk” operated by the victim D, who is in the window C of Changwon-si, and took a bath, such as “masting year”, “inwards, internal tax calculation of tax revenue and expenditure, and the remaining money, 3,000 won,” and obstructed the victim’s restaurant business by the same method.

2. On June 4, 2012, the Defendant 19:00, at the H main point operated by the victim G, who was in the window F of Changwon-si, without any justifiable reason, obstructed the victim’s restaurant business by force by putting the victim’s restaurant business at the time of drinking to other customers without any justifiable reason.

3. At around 20:00 on June 7, 2012, the Defendant interfered with restaurant business by force, by doing so, the following: (a) on the day indicated in the foregoing paragraph 20: (b) the victim reported to the police on his or her own; (c) “Ping Chewing, she reported at that time to the police at that time. He or she reported on the police at that time. He or she was singingly dead; (d) he or she was able to do so; and (d) he or she was unable to enter the restaurant by avoiding the disturbance.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, I, J, and D;

1. Report on investigation (Attachment to photographs of the place of crime of a victim);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after the disposition, report on results of confirmation, and confirmation of the date of release);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Article 35 of the Criminal Act (the crime of interference with business listed in paragraphs 2 and 3 at the time of market) among repeated offenders.

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