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(영문) 의정부지방법원 2015.03.31 2015고단364
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On October 2, 2014, the Defendant, at around 21:30 on October 2, 2014, expressed that “E” entertainment tavern for the victim D’s operation in Dongducheon-si, Dobcheon-si, when the victim was shouldered with himself/herself, and demanded the calculation and eviction of the drinking value, he/she would be able to say “a badly bad year, bad year, and year,” and that he/she could not enter the place by avoiding disturbance, such as a person who was diving, etc., so that the Defendant could not enter the place.

3. From around 01:30 to around 4 hours, the victim’s business of entertainment tavern was obstructed by force.

2. On October 30, 2014, the Defendant interfered with business: (a) around 23:00 on October 30, 2014; (b) at the place indicated in paragraph (1); (c) at around 23:00, the victim D shouldered himself/herself, and demanded the calculation and eviction of the drinking value; and (d) the Defendant: (a) at his/her own large interest, the Defendant: (a) laid down a string of the cards; (b) “I am going against; (c) I am going against; (d) I am going against; and (d) I amsing down the music box; and (b) I interfered with the victim’s entertainment tavern business for about 2 hours from around 01:00 of the same month by preventing customers who had come from entering it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

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

1. While Article 62(1) of the Criminal Act of the suspended sentence has a history of punishment for the same kind of crime, the enforcement is carried out in consideration of the following: (a) the Defendant was smoothly agreed with the victim; (b) the Defendant appears to have sufficiently been given an opportunity for self-esteem through confinement for a period of two months; (c) the need for edification through appropriate treatment rather than severe punishment for suffering from depression disorder and alcohol; and (d) the Defendant also has to faithfully undergo medical treatment when returning to society.

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