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(영문) 춘천지방법원 2017.07.05 2017고단284

업무방해등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 6, 2017, from around 16:00 to around 19:00, the Defendant: (a) went to a restaurant path without any justifiable reason under the influence of alcohol in the victim C’s D restaurant operated by Gangwon-gun Hongcheon-gun B and the second floor; (b) the said restaurant employees take a bath to the instant restaurant “year hyp hyp hyp” with the larger “Wyn hyn hyn, two-year hyn hyn.”

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. On March 6, 2017, at around 19:00, the Defendant: (a) expressed the victim E (the 16-year-old) who is a restaurant customer at the place specified in paragraph 1; (b) and used the victim’s breath to “a year equal to a bit of bitch bitch bitch bitch son,” without any reason, without the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C and E;

1. Application of statutes on the photograph of the case

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of violence and the choice of punishment by imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act on the following factors:

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

1. Recommendations type based on the sentencing criteria;

(a) Offenses 1: Where the area of mitigation of business interference, and special mitigation factors: Where the degree of threat of force, deceptive scheme, or the degree of interference with business is insignificant;

(b) Second offense: Reduction area of general assault, and special mitigation elements from January to August: Where the degree of assault is insignificant; and

(c) Aggravation of multiple offenses: From January to 1 years; and

2. The fact that the Defendant committed the instant crime of the same kind of crime and did not agree with the victims, even though he/she had the record of having been sentenced four times or more to interfere with business affairs since 2012, is disadvantageous to the Defendant.