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(영문) 수원지방법원 2016.02.24 2015고단5607

업무방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 9, 2015, from around 22:47 to 23:30 on the same day, the Defendant stated that “C convenience store” located in Suwon-si B, Suwon-si, that the victim D, an employee of the said convenience store, did not pay for drinking water, and thereby, the Defendant obstructed the victim’s convenience store business by force by avoiding a 45-minute movement between 45 minutes, including taking the victim’s desire for drinking water and drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, E, and F;

1. Application of the receipt statute

1. Article 314(1) of the relevant Act on criminal facts, Article 314(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommended punishment] [the grounds for sentencing of punishment] [the grounds for sentencing of imprisonment] [the person subject to special mitigation] is not subject to punishment [the grounds for sentencing]], and there are several records that the defendant has been punished for the same kind of crime. As to the defendant's obstruction of business around June 2015, the defendant committed the crime of this case during the period of suspension of execution, even though he/she was placed prior to the suspension of execution on around August 2015, even if he/she was subject to the disposition of suspension of execution of his/her duties, the defendant committed the crime of this case again during the period of suspension of execution of his/her duties. The defendant appears to have been trying to receive the treatment of the defendant, and the point of convenience store in this case is the defendant's preference, and other extenuating circumstances, such as records and changes in the sentence.