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(영문) 수원지방법원 2016.11.04 2016고단3470

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 7, 2016, from around 22:00 to 22:25 of the same day, the Defendant: (a) d’D’ restaurant operated by the victim C in the wife population from around 22:0 to around 22:05 of the same day; (b) d’D’, under the influence of alcohol, expressed the Defendant’s desire to take the Defendant out of the restaurant; and (c) d’s f’s f’s breath, “Chewing and f’s f’s f’s f’s f’s f’; and (d) d’s f’s f’s f’s f’s f’s f’s f’s f’s

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by C and E;

1. Making entries in a compilation of CCTV image data analysis or applying video-related Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of recommendation on the sentencing criteria [type] the scope of recommendation on the sentencing criteria [type 1 (Interference with Business] and the mitigated area (person subject to special mitigation] shall be sentenced to imprisonment for one month to eight months; and

2. In light of the circumstances indicated in the instant pleadings, such as the Defendant’s age, character and conduct, motive for committing a crime, and circumstances after committing a crime, the sentence shall be determined within the scope of the recommended sentence, taking into account the following circumstances: (a) the Defendant, who was sentenced to imprisonment or heavier punishment on several occasions; (b) the Defendant has no record of being sentenced to imprisonment or heavier punishment; (c) the Defendant has led to the confession of the crime; and (d) the Defendant has agreed with the victim as a favorable condition;