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(영문) 부산지방법원 2018.08.14 2018고단1601

업무방해

Text

A defendant shall be punished by imprisonment for four 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

On March 8, 2018, at around 01:25, the Defendant obstructed the victim’s restaurant business by force, such as, under the influence of alcohol in the D restaurant operated by the Busan Young-gu B victim C, that “I am smoking, calculating, and only I am,” and that “I am, I am, I am, I am, I am, I am, I am, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, so I am, who will not come to the restaurant business.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommended punishment] [the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] shall be taken into account: (i) the mitigation area (one month to eight months); (ii) the non-exclusive penalty (including special mitigation persons] the victim [the decision of sentence] agreement with the victim; and (iii) the fact that one’s mistake is against his/her own fault;