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(영문) 수원지방법원 성남지원 2015.05.01 2015고단462
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 18:20 on March 18, 2015, the Defendant obstructed the victim’s oral funeral business by force for about 20 minutes, such as leaving the victim the victim “satisfe-gu Satfat-si, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, and refusing to perform the alcohol to the victim E, who is the owner of the business.”

2. On March 18, 2015, the Defendant violated the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) was arrested and released in the above party room on charges of interference with the above business, etc., and was released after investigation. After placing the victim E, etc. with an anti-high speed (15cm : 15cm : 30cm : : 30cm : : 15cm : : 30cm) into the inside part of the inside part of the body of the victim, who was found in the above party room, and reported the victim F at the entrance of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the victim's life and body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, has been punished several times by violence, etc.

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