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(영문) 창원지방법원 2017.01.12 2016고단3793

업무방해

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

At around 22:00 on November 13, 2016, the Defendant: (a) sought the Defendant’s wife victim D (F, 59 years of age) (hereinafter “E”); (b) sought the Defendant’s wife F in preparation for divorce, and (c) expressed the Defendant’s desire to read the Defendant’s wife F in preparation for divorce to the customers on the ground that the F performed an act at the foregoing drinking house and brought frightly to the customers; and (d) read the Defendant as follows: (a) “Chewing, Chewing, and frightto rest; and (b) the Defendant took all flus like fests to work at the prosecutor’s office; and (c) the Victim, etc.: (a) sold the Defendant’s wife as a woman; (b) sold the Defendant’s wife; (c) sold the Defendant’s wife as a woman; and (d) held the Defendant’s wife F in preparation for divorce; and (c) f) held the Defendant’s flusium as follows:

From around 22:30 minutes on the same day, such as taking a bath in large interest, the victim’s restaurant business was obstructed by force by approximately 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with business affairs, the mitigation area (one month to eight months), [the person specially mitigated] [including efforts to recover damage] the defendant's failure to punish [the decision of sentencing] in light of the circumstances where the defendant committed the crime in this case, how he committed the crime in this case, and how he committed the act, etc., but the defendant did not easily agree with the victim, and the defendant did not repeat the crime by breaking the error.

In consideration of the fact that the execution of a sentence is being suspended, the execution shall be suspended.

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of