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(영문) 광주지방법원 2018.01.24 2017고단5447

업무방해

Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 27, 2017, the Defendant, at around 19:00 on November 27, 2017, had the victim’s “D” restaurant operated in Gwangju-dong-gu, Gwangju-gu, under the influence of alcohol, and had the victim uniced to other customers.

The president shall be the bit of bitch without the limit of bit.

Along to about 30 minutes of music, the victim's restaurant business was interfered with by force for 30 minutes of music, such as taking a bath with a large sound.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation (security of commission of crime);

1. Application of Acts and subordinate statutes on site photographs interfering with affairs;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Scope of the recommended punishment on the sentencing guidelines [the types of decisions] interference with the business of interfering with a crime, the area of reduction [the area of recommendation], the area of mitigation [the scope of the recommended punishment] shall not exceed eight months;

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, circumstances following the four months (two years of suspended sentence) of imprisonment, and any other circumstances described in the pleading of this case.

The circumstances unfavorable: The fact that there are many favorable records of punishment for the same and similar crimes: The confession of the crime, the fact that the mistake is divided, the fact that there is an agreement with the victim.