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(영문) 서울중앙지방법원 2013.07.02 2013고단2696
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. From around 10:50 on May 14, 2013 to 12:00 on the same day, the Defendant interfered with the business of the Defendant: (a) in the “E” restaurant operated by the victim D (the age of 54) located in Jung-gu Seoul Metropolitan Government, the Defendant took the beer in the cooling house located in the said restaurant without permission, and obstructed the victim’s business by force through force of the victim’s general restaurant business, such as: (b) the victim, who observed the words “at any longer in the restaurant, me off the drinking value, me off the restaurant”; and (c) the victim, who heard the horses “at any longer in the restaurant, me off the restaurant”, “at any other time, me off the restaurant,” and continuously talks with the customers who come to the restaurant at the entrance of the restaurant, going through a disturbance “Irreshing the restaurant,” thereby interfering with the victim’s general restaurant business affairs.

2. The Defendant, at the same time and place as the preceding paragraph, listens to D and 10 customers, who are the head of a restaurant business, was dispatched to the site after receiving 112 report, sent to the victim G in the process of belonging to the Seoul Central Police Station F District of the Seoul Central Police Station, and the slope victim H, who was the slope victim H, expressed a large amount of bitch chch, chron, chron, chron, chron, and the civil petitioners are heard at the said F District. While the civil petitioners are heard at the said F District, G and H deemed that “the victims were 20 crimes before and after the inside, the opening, a hole chron, a joint farc, a sick farc, and a farcs, who were sentenced to imprisonment.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of criminal facts: Article 314 (1) of the Criminal Act, Article 311 of the Criminal Act;

1. Concurrent concurrence: Article 40 of the Criminal Act;

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

1. Suspension of execution: Crimes committed repeatedly such as violence under Article 62 (1) of the Criminal Act are not good, but considering the fact that the defendant reflects the wrongness during the period of detention and the degree of damage is relatively less severe;

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