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(영문) 창원지방법원 거창지원 2016.03.23 2015고단303
업무방해등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfering with his duties on November 9, 2015, on the ground that the Victim E, the principal owner of the said subdivision store, does not perform the alcohol in the “D cafeteria” located in Chang-gun, Chungcheongnam-gun, Chungcheongnam-gun around 15:50 on November 9, 2015.

(kdd. “L.” In the form of a bath, the number of male customers who drink food in a restaurant by hand exceeds the tables in the restaurant, and who continue to drink food in the restaurant is designated as her head.

The 15-minutes of 15 minutes, such as citing and threatening a restaurant, led customers to go out of the above decentralization.

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

2. The Defendant, at the date and time, at the place under Paragraph 1, and at the place, was informed by the Defendant on the ground that the Defendant was frighting, and the Defendant was asked to check the Defendant, “Any longer frighting and returning to the house,” from the slope G, a police officer belonging to the Changwon Police Station F District, who was called for.”

Accordingly, the Defendant expressed to the above G that “A E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the Gal assistant plan;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (G);

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is under the influence of the defendant.

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