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(영문) 서울서부지방법원 2018.07.26 2018고단1131

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On January 26, 2018, at around 20:50, the Defendant interfered with the victim’s restaurant business by force by force, such as the victim’s clock, and the victim’s clock, clock, etc. in E-cafeteria operated by Yongsan-gu Seoul Metropolitan Government, without any justifiable reason, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to one copy of the CCTV image closure data;

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

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing guidelines [the types of decisions] interference with the performance of duties [the person subject to special sentencing] mitigation factors - ① where the degree of interference with the affairs is insignificant, ② where the scope of interference with the affairs is minor, ② the area of non-conformity with punishment [the area of recommendation and recommendation] special mitigation area, the area of special mitigation [the scope of punishment], the period of suspension from one month to eight months [the standards for suspension of execution] - The main reasons for positive consideration

3. Determination of sentence: Imprisonment with prison labor for four months and one year of suspended sentence; and