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(영문) 대구지방법원 서부지원 2016.11.03 2016고단2048
업무방해등
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

1. On October 6, 2016, the Defendant: (a) 03:10 on October 6, 2016, at “E” restaurant worked by the victim D (n, 57 years of age) located in Daegu Seo-gu, Daegu-gu, provided that the victim was boomed, but, on the ground that the victim did not demand and comply with the demand of advance payment, the Defendant expressed the victim’s desire to “the bit of a bitbit of a bitch, bit of a bit of a bitch, bit of a bit of a bit of a bitch, a

2. The Defendant causing property damage, at the time, at the place specified in Paragraph 1, on the grounds stated above, and on the same reason, and on the hand, teared the main shock net equivalent to KRW 60,00 in the market price owned by the victim F, who is the owner of the above restaurant business, and damaged it by breaking it out from the window frame.

3. On the date, time, place, etc. set forth in paragraph 1, the Defendant: (a) expressed bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch,” which was located in the restaurant parking lot on the following grounds: (b) obstructed the victim’s restaurant business by avoiding disturbance for about 10 minutes by force; and (c) interfered with the victim’s restaurant business by carrying a sign prohibiting parking of plastic materials on the restaurant parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of field photographs, CCTV closure photographs, - Receipts (Evidence No. 12 No. Serial No. 12);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. In view of the fact that the Defendant under Article 62(1) of the Criminal Act committed each of the instant crimes even though he/she was punished more than ten times due to the same kind of crime, etc., the liability for the instant crime is grave, the confession of all of the crimes, and the attitude to reflect on it, and the degree of damage to each of the instant crimes is relatively minor and is relatively minor.

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