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(영문) 서울북부지방법원 2016.11.16 2016고단1937
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 20:30 on May 20, 2016, the Defendant interfered with the victim’s convenience store business by force for about 30 minutes, such as: (a) the victim E (here, 34 years of age) who takes part in Abrate at the “D” convenience store located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “D”); and (b) the victim E (here, 34 years of age) disregards his/her horses; (c) the victim’s disturbance, such as “humping off to normal; (d) the victim’s desire to break away; and (e) the victim’s huming, such as humping, and huming the victim’s abusive,

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One month to five years; and

2. The scope of recommendation types according to the sentencing criteria (the scope of recommendation types) and the basic area (six months to one year and six months) (the special person) of the sentencing criteria shall not interfere with the business.

3. It is an unfavorable circumstance that there is no agreement with the victim of the decision of sentence, that the period of punishment for violent crimes has reached nine times, including two times of imprisonment, and that the person who has been punished for these crimes can have been punished for these crimes.

On the other hand, however, the fact that there is no criminal history of fine or heavier, and that there is an old age is a favorable condition after the suspension of the execution of imprisonment was sentenced due to the crime of attack around 2007.

In light of the above circumstances, the sentencing conditions, such as character, conduct and environment, etc. of the defendant, the punishment as ordered shall be determined.

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