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(영문) 인천지방법원 2016.01.27 2015고단5775
업무방해등
Text

A defendant shall be punished by imprisonment for six 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. Around 18:05 on August 24, 2015, the Defendant obstructed the victim’s restaurant business for about 15 minutes, such as: (a) while drunkly drinking in the E cafeteria operated by Defendant D (Woo, 67 years old); (b) the victim’s re-born spouse; (c) the victim’s re-born spouse of the victim’s fluor; (d) the Defendant interfered with the victim’s restaurant business for about 15 minutes by threatening customers who were in the restaurant by threatening them to return to the restaurant; and (e) the Defendant interfered with the victim’s restaurant business for about 15 minutes.

2. At the time and place of the above paragraph 1, the Defendant: (a) extracted the victim’s fluor G from the victim’s fluor G to the fluorg, booming the bluorg; (b) cut off the victim’s fluorg; and (c) extracted the plastic PVC pipe (70cm in total in length) which is an object dangerous in the front of the restaurant; and (d) assaulted the victim’s head and body on several occasions.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of witness G;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to plastic pipes used by a person suspected of being injured by the victim when he/she assaults the victim, and to wooden iron bars used when obstructing his/her business by searching in a restaurant operated by the victim;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 261 and 260(1) (the point of special violence) of the Criminal Act, the choice of imprisonment for a 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentencing guidelines for the crimes of Category 1 (Assaults) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravated punishment for which there are no basic areas (from June to January 1) (no person subject to special sentencing) [the scope of the recommended punishment] of Category 2 (Interference with Duties] of the basic areas (from June to January 1) (the scope of the recommended punishment] of Category 1 (Interference with Duties) (from June to January 6) of the basic areas (the scope of the recommended punishment), and the scope of the aggravated punishment due to the aggravated punishment [the person subject to special sentencing] of Category 1 of the basic areas (from June to January 6): June to July 6:

2. The sentencing decision defendant recognized the offense of this case and reflects it.

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