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(영문) 서울동부지방법원 2017.12.07 2017고단140
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 19, 2016, the Defendant was sentenced to two years of imprisonment with labor for interference with business affairs at the Seoul Eastern District Court on June, 2016, and the said judgment became final and conclusive on October 27, 2016, and is currently under probation.

On January 5, 2017, from around 18:50 to 20:50 on the same day, the Defendant expressed a desire to other customers who were eating without any justifiable reason under the influence of alcohol at the “D” restaurant operated by the victim C in Gangdong-gu Seoul, Seoul. The Defendant expressed the victim’s wife “the same year and spawn year of pigs”, and the Defendant expressed the victim’s desire to see “the victim’s wife,” and the Defendant was able to avoid the disturbance, such as putting the box on the entrance of the restaurant, so that other customers who were eating at the above restaurant have a restaurant as they are, and are unable to enter the restaurant.

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

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verifications during the period of probation), and application of the judgment text;

1. It is so decided as per Disposition for the following reasons: the pertinent Article of the Criminal Act and Article 314(1) of the Criminal Act regarding criminal facts, which can have the record of being punished as the same kind of crime for the reason of sentencing; the crime of this case during the period of probation; the defendant's age, sex, environment, motive, means and consequence of the crime; and all other circumstances such as the defendant's age, sex, motive, means and consequence of the crime;

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