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(영문) 수원지방법원 안양지원 2020.05.07 2020고단246

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

At around 03:20 on January 16, 2020, the Defendant continued to take a bath to the victim, such as “A”, the victim C (hereinafter “A”) in the Mayang-gu Mayang-gu Mayang-si Mayang-si B, where the victim is under the influence of alcohol, and her tobacco packaging in the front of the calculation unit where the victim was drunk, and the victim’s eye was frighted, and the victim’s eye was frighted, and the victim was frighted so that he could not get out of the calculation unit, and even when the victim asked her home, the Defendant obstructed the victim’s response and calculation by force, such as paying the time fees to other female customers coming within the above convenience points.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of CCTV images within convenience points and the attachment of CDs);

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

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), offenses interfering with business, basic area of Type 1 (Interference with Business) (the scope of recommended fields and the scope of recommended sentences), six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months and suspension of execution for two years, even though the defendant has been able to repeatedly pay five times a fine from 2007 to 2019 as a crime causing property damage and interference with business, he/she again committed the instant crime, and thus, he/she shall choose to imprisonment with prison labor, but shall decide to suspend the execution of the sentence as ordered by the court;