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집행유예
(영문) 서울북부지방법원 2020.6.18.선고 2020고단1347 판결
업무방해
Cases

200 Highest 1347 Interference with business

Defendant

A person shall be appointed.

Prosecutor

Kim Jong-Un (Court) (Court of Justice) (Court of Justice) (Court of Justice)

Imposition of Judgment

June 18, 2020

Text

Defendant B shall be sentenced to eight months of imprisonment: Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive; the execution of the sentence shall be suspended; each order shall be given to Defendant subject to protection observation; community service and alcohol therapy for 120 hours; and each order shall be given for 40 hours from the 120-hour alcohol therapy.

Reasons

Facts of crime

At around 11:00 on March 12, 2020, the Defendant 1, at the restaurant operated by the victim A (the 59-year-old, female) located in Dongdaemun-gu Seoul Metropolitan Government, the Defendant 1, 200, fested the victim’s restaurant business by carrying the test cost to the customers on the side table table in the alcohol, and hereinafter “the inside is the cona or the patient”, and obstructed the victim’s restaurant business by force over about two hours, such as spit spit spits.

Summary of Evidence

Omission

Application of Acts and Subordinate Statutes

1. Relevant legal provisions and selection of punishment on the facts of crime;

Article 314(1) of the Criminal Act (Appointment of Imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Protection and observation, social service orders, and orders to attend lectures;

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

1. Grounds for sentencing: Imprisonment with prison labor for one month to five years;

2. The scope of recommending sentences according to the sentencing standards.

[Determination of Type] Interference with Business Affairs; 2. Interference with Business Affairs

[Special Sentencings] Reductions: Reductions (including serious efforts to recover damage)

[The scope of recommendations and recommendations] mitigation area, sentence of imprisonment between one month and August 3: Imprisonment with prison labor for eight months, and two years of suspension of execution (in particular, the method and result of the crime of this case, in order to verify whether the defendant was infected with Clorona 19 virus as a result of the crime of this case, the crime of this case leads to a result of obstructing the above public officials and police officers' legitimate performance of their official duties by requiring the public officials and police officers who wear protective clothes to appear at the scene of the crime of this case. The fact that the defendant had been sentenced to imprisonment with prison labor or fines for the same kind of violent crime even before the crime of this case was committed is disadvantageous to the defendant. On the other hand, the victim does not want punishment against the defendant, and the circumstances favorable to the victim, such as the confession of the crime of this case and the victim's family, family relation, environment, circumstances, etc., and the above sentencing standards, such as the above order and punishment, are determined comprehensively as the above circumstances and the records.

Judges

Judges Full completion

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