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(영문) 춘천지방법원 강릉지원 2015.12.03 2015고단1132
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

On September 28, 2015, at around 01:40 on September 28, 2015, the Defendant sought to resist the Defendant’s “D” restaurant operated by the victim C (Nam, 60 years of age) in Gangnam-si B, and the case obstructed business at the same restaurant, and caused the Defendant to have been punished. However, the Defendant was able to take a bath at the restaurant, referring to the Defendant’s employees as “president Surler”, and her employees in the restaurant, and she was able to take care of the chairs in the above restaurant, and she was able to take care of them on the floor by bringing them to the floor, bringing them to a large interest on customers in the restaurant.

계속하여 피고인은 위와 같이 피고인이 식당 안에서 소란을 피운다는 이야기를 듣고 식당으로 온 피해자에게 “너 때문에 벌금을 맞았다, 카메라 없는 데서 너 좀 맞자, 넌 좀 맞아야 한다”고 말하며 피해자의 손목을 잡아끌면서 “개새끼, 십새끼, 좃 같은 새끼”라고 큰 소리로 욕설을 하며 약 15분 동안 소란을 피웠다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act on probation and order to attend a meeting shall be determined as ordered by comprehensively taking into account the following various circumstances: (a) the accused has many records of being punished due to business obstruction crimes, obstruction of performance of official duties, violence crimes, etc.; (b) the injury has not been recovered; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime;

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