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(영문) 광주지방법원 2012.12.27 2012고단6282

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 10:30 on November 5, 2012 to 12:30 on the same day, at a “D” restaurant operated by the victim C located in Gwangju Northern-gu, Gwangju Northern-gu, the Defendant: (a) expressed the desire of her female descendants, such as “Chewing years, in accordance with the same principle”; and (b) voluntarily interfered with the victim’s restaurant operation by force for about 2 hours, by means of force, using a cellular phone used by his/her grandchildren, which took meals at the same place without any reason under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement C to the 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 suspension of the execution of imprisonment shall be imposed in consideration of the fact that the victim of the reason for sentencing in Article 62-2 of the Probation Criminal Act does not want the punishment of the defendant, but the probation period shall be determined like the order to prevent recidivism, considering the fact that the defendant has the same criminal records