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(영문) 서울남부지방법원 2016.09.29 2016고단2459

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2016, from around 18:48 to 19:38, the Defendant: (a) installed the Defendant’s bicycle in front of the above spraying point in the “D” restaurant operated by Yeongdeungpo-gu Seoul Metropolitan Government (the age of 66), and lost the Defendant’s bicycle, and (b) took a bath for customers at the place, and (c) prevented them from entering the victim’s restaurant business by force, by preventing them from entering the victim’s restaurant business by avoiding disturbance, such as selling plastics and garbage in front of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant's crime is not good, such as gathering the table, tables, etc. on the street, obstructing the performance of duties, resulting in the disturbance of the passage of vehicles on the road and committing an excessive act against the police officers who intend to arrest.

There are several types of records of punishment for violence-related crimes and have been punished for interference with business affairs.

However, it shall be determined as ordered in consideration of all the circumstances, such as the fact that the victim was the victim's wife against the defendant, that he was a disabled person of Grade IV with hearing disability, that he was punished in excess of the fine, and that there was no other reason, such as the defendant's age, sex, environment, motive, means and result of the crime, and circumstances after the crime.