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(영문) 서울동부지방법원 2020.05.26 2020고단172

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

From 12:10 on December 3, 2019 to 12:30 on the same day, the Defendant: (a) within the entertainment tavern D, which is managed by the victim C (the age of 27) in Songpa-gu Seoul, by the victim C (the age of 27) of the same day; (b) without any reason, held a door of 1 and 6, where other customers drink alcohol; and (c) prevented the victim from doing so; and (d) took a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif k

Accordingly, the defendant interfered with the victim's main management by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the list of seizure and the statutes governing seizure;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended, but the probation order shall be added to prevent recidivism, in consideration of favorable circumstances, such as the fact that there is no punishment imposed in excess of a fine by the defendant, the fact that the defendant commits a mistake, and the fact that the defendant is in physical disability Grade III

1. Probation Orders under Article 62-2 of the Criminal Act;