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(영문) 서울동부지방법원 2017.03.31 2016고단4152
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 27, 2016, around 01:20, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance, such as making customers who had been on the victim’s 1st floor in Songpa-gu Seoul (the 56th and 56 years old)’s drinking in “D” food, the Defendant, while drinking in the victim’s 1st floor in Songpa-gu Seoul (the 56th and 56 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the respective laws and regulations of C and F;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation [type of decision] - Types 1 (Interference with Business) [Special Sentencing] - The elements for mitigation of punishment (including serious efforts to recover damage): [Determination in the sphere of recommendation] / [the scope of recommendation] January - 8 [the scope of recommendation] / The scope of mitigation / The amount of mental and physical weakness (general sentencing factors): The amount of mitigation / The amount of serious reflection [whether probation is suspended] - The main reasons for suspension of execution - The negative criminal records of the same kind (including significant efforts to recover damage), not more than five years, or not less than three times): The amount of positive punishment (including serious efforts to recover damage) - There are no positive and contingent crimes, serious reflects, or criminal records not less than suspended execution or more than three times.

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