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(영문) 수원지방법원 여주지원 2019.05.14 2019고단288

업무방해

Text

A defendant shall be punished by imprisonment for four 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

At around 10:00 on March 17, 2019, the Defendant d'D' restaurant operated by the Victim C (L, 63 years of age) in Singju City, and d'D' restauranted the floor under the influence of alcohol, and d'D'. The Defendant d'D' restaurant operated by the Victim C (L, 63 years of age, and obstructed the victim's restaurant operation by force by force for about two hours, such as hinginging the victim to talk at the restaurant and paying time to other customers.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. C’s statement;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. One month to eight months from the scope of the recommendation sentence (not subject to punishment);

2. Taking into account the unfavorable circumstances, such as the time during which the decision-making process of sentence was obstructed, the fact that the punishment was imposed for the same kind of crime, etc., but the fact that the time and reflects, the fact that the punishment is not imposed again, the agreed fact that it is favorable, etc. shall be considered in light of the favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.