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(영문) 의정부지방법원 2018.08.31 2017고단5257

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 19, 2017, the Defendant 5257 of 2017, the Defendant d'E operated by the victim D' on September 18:10, 2017 at the restaurant called 'E' operated by the Gu Government-si, the Defendant d'E'. The Defendant d', the Defendant d'E, fluordddddd the fluor of the above women first, and d'd the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the

Accordingly, the defendant interfered with the victim's restaurant operation by force.

On July 19, 2018, the Defendant, “2018 Highest 3103, the Defendant, boarding a taxi in front of the possible station in the city of the Do government around 20:20 on July 19, 2018 and getting out of the front way of the H hospital located in G in the same city and returned to the destination by the victim.

In the case of a dispute with the victim by provokinging the Si, he saw the victim's buck with his hand twice, saw the victim's ship, bridge, part of the victim's ship, bridge, and breath with his hand, and assaulted the victim by taking the head of the victim's breath with his hand.

Summary of Evidence

"2017 Highest 5257"

1. Statement by the defendant in court;

1. Written Statements "2018 Madan 3103";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Application of the sentencing criteria;

(a) Disturbance of business (a) (a type of concurrent crimes) [a type of concurrent crimes] interference with business, interference with business (a person with special sentencing] mitigated elements: Imprisonment with prison labor for not more than one month from one month to eight months (a mitigated area);

(b) Violence (basic crime) (determination of type), violent crime, assault crime, general assault (1) (Scope of recommended punishment) / imprisonment for two months to ten months (basic area);

(c) Handling of multiple offenses: