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(영문) 수원지방법원 2015.08.17 2014고단6231
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 22:00 on October 27, 2014, the Defendant obstructed the victim’s main business by force by avoiding disturbance for about 40 minutes, such as taking the victim’s desire on the ground that the victim took a bath, and resisted the F, an employee, in the “EM” store operated by the victim C in Suwon-si, Suwon-si, Suwon-si, which had no massage, and thereby preventing other customers from entering the victim’s main business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. G statements;

1. Application of statutes on site photographs;

1. In light of the relevant legal provisions on criminal facts, Article 314(1) of the Criminal Act regarding the selection of a sentence, the Defendant’s grounds for sentencing choice of imprisonment with labor may have the ability to punish the Defendant due to acts of violence, obstruction of business, etc., the Defendant committed the instant crime again during the period of suspension of execution despite having received a prior notice of suspension of execution as to the crime of interference with business around July 2014, and other unfavorable circumstances such as the Defendant committed the instant crime during the period of suspension of execution, the Defendant’s mistake is recognized, and the Defendant appears to have not exercised the direct tangible power against the victim, and other conditions of sentencing as indicated

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