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(영문) 인천지방법원 2017.07.27 2017고단2622
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 2622]

1. On March 21, 2017, at around 21:50, the Defendant obstructed the victim’s main business by force by avoiding disturbance for about 1 hour and 30 minutes, including drinking from the “E main store” of the victim’s D operation in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, about 39, intending to see his/her employee’s hand, gathering his/her will, bringing his/her will to other customers, bringing his/her will to do so, and making them leave his/her place.

[2017 Highest 4067]

2. On April 4, 2017, at around 17:20, the Defendant and the Defendant: (a) changed alcohol to the restaurant owner in the G cafeteria located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) caused the Defendant’s breath by cutting off and destroying the Defendant’s breath, breath, with the victim H (43 tax) who was on the side of the breath; and (c) destroyed the victim’s breath, with the victim’s breath, twice at the victim’s hand, and damaged the victim’s 150,000 won of the market value used by the victim.

Accordingly, the defendant assaulted the victim and damaged the victim's property.

Summary of Evidence

[Judgment 1] Facts (2017 order 2622)

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs and a statement of report 112 [the facts set forth in the Decision (the 2017 Highest 4067)];

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to the 112 reported case processing lists and the damaged opticians;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Crimes 1 [Scope of Recommendation] under Article 62-2 of the Criminal Act for the reasons for the sentencing of Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture, and the basic area (including April to October) of the 1st basic area (including property damage, etc.) (4 to April 10) [the scope of recommendation] of the 2nd crime without any special sentencing person [the scope of recommendation] of the 1st basic area (2 to October) of the 1st basic area (2 to October) of the 1st basic area (a person with no special sentencing];

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