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(영문) 수원지방법원 안산지원 2015.09.22 2015고단2286

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 around 00:40 on August 4, 2015 to 01:30 on the same day, the Defendant: (a) at the alcohol house operated by the victim C (33 years old) in Ansan-si, Annsan-si from around 00:40 on August 4, 2015 to around 01:30 on the same day, the Defendant, without any reason, interfered with the victim’s drinking business by force, by taking advantage of force, female customers who were drinking alcohol in other table b, with “snicking h.h. h. h. h. h. h. h. n.h. n.h. n.h. n.h. n.h. n.h. n.h. n.h. n.h. n.h. n.h. n. n.h. n.h. n.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of recommending sentence] interference with business affairs shall be determined as ordered by taking into account all of the following factors: (a) the mitigation area (one to eight months) [decision of sentence] of the mitigation area (one to one month] (decision of suspended sentence] three times of suspended sentence and violence-related criminal records more than ten times; (b) the defendant reflects the defendant's wrongness; (c) the defendant reflects the victim; (d) the defendant's family situation;