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(영문) 창원지방법원 2016.07.13 2016고단1374

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2016, the Defendant: (a) took a bath on the victim’s convenience store operated by the victim C, who was in the early stage of the early stage of the early stage of the early stage of the 2016.4. 6. 20:25, and without a clear reason, took a bath to the victim, such as “the victim h. for the same year of the early stage of the night”; and (b) on the part of the customers who had been in the convenience store, “the victim h.e., the victim h., h. to drink at the above convenience store.”

Accordingly, the defendant interfered with the convenience store business of the victim about 20 minutes by force.

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Disadvantageous] The defendant has been sentenced to a fine of 15 times, and the defendant seems to have violent inclinations, such as taking a bath as in the instant case upon drinking alcohol, and the defendant found three to four times a month in which he/she had a convenience store for the victim of ordinary peace and interfered with his/her business by neglecting his/her happiness as in the instant case. [ favorable circumstances] The victim does not want the punishment of the defendant; the victim is committed at the time of committing a crime; the defendant has no criminal record of the same kind