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(영문) 의정부지방법원 2016.06.15 2016고단821

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Defendant,

1. On January 25, 2016, the victim D (V, 30 years of age) and two employees, the owner of which is under the influence of alcohol, entering a restaurant of "C" located in Yangju-si B, Yangju-si, and 11:00.

“, ......, ........ ......

Obstructing the victim D’s restaurant business by force by avoiding approximately 30 minutes of disturbance, such as putting the bath of “,” etc.;

2.A bitch bitch bitch bitch bitch bitch bitch bitch mar in the state of alcohol by entering a mar restaurant in around 13:30 on the same day to the victim F (F, 45 years of age);

Posing the bath and the garment, such as “fluoring the fluor”, etc., and to the next customer, “mal head, fluort”

"Around 30 minutes, such as the collection of city expenses, interfered with the victim F's restaurant business by force.

Summary of Evidence

1. Defendant’s legal statement

1. Application of two Acts and subordinate statutes of Part D and F of each on-site photo and investigation cooperation - 112 processing statement of reported case

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts of the crime (elective of imprisonment);

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 suspension of execution (the following favorable circumstances):

1. The sentencing period of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is 1 crime [the scope of recommendation] for sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on the Punishment, etc. of Specific Crimes, and Article 59 of the Act on the Punishment, etc. of Specific Crimes [the scope of punishment] [the scope of punishment recommended] for the crime of Article 2 of the Punishment, etc. [the scope of punishment] for the mitigation area (including efforts to recover damage] for the crime of Article 1 to 2 of the Punishment, etc. [the scope of punishment] for the mitigation area (the scope of recommendation punishment] for the crime of Article 1 of the Act on the Punishment, etc. of Specific Crimes (including efforts to recover damage). The defendant has been punished for the same kind of crime several times, and the crime of this case has been committed again with drinking alcohol and drinking alcohol.

However, the defendant's mistake has been divided in depth.

There shall be no record of punishment exceeding a fine after 2000.

The victims shall agree with the victims.