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(영문) 서울서부지방법원 2017.11.09 2017고단2513
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2017. 8. 30. 20:30 경 서울 은평구 C에 있는 피해자 D이 운영하는 "E 식당 "에서 술에 취한 상태로 아무 이유 없이 가게 내 손님들에게 “ 야 이 십팔 새끼들 아 뭘 쳐다봐 죽여 버린다 ”라고 욕설을 하고, 이를 말리는 피해자에게도 “ 야 이 십팔 놈 아, 네 가 뭔 데 나를 말리고 지랄이냐,

The author expressed that he will throw away a plaque, and took a disturbance, such as gathering a sadrash and a chair installed in front of one week, and prevented his business for 50 minutes by force, thereby hindering the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with business affairs, the mitigated area (one month to eight months) [the person specially mitigated] [including efforts to recover damage] [the decision of sentencing] the defendant can have the records of the same kind of crime as that of violent criminal records and the records of the same crime, and the defendant again commits this crime. It is unfavorable that the nature of the crime is not easy in light of the attitude of the crime.

However, the punishment shall be determined as ordered by considering the fact that the defendant has divided the defendant's wrong, the fact that the defendant has agreed smoothly with the victim is favorable, and all other factors of sentencing, such as the age, sex, environment, etc. of the defendant, and the punishment shall be determined as ordered.

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