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(영문) 부산지방법원 2017.09.15 2017고단3573
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From around 10:00 to around 11:10 on July 4, 2017, the Defendant, for about one hour and ten minutes, expressed a desire for drinking in the “C restaurant” located in the Busan Jin-gu, Busan (hereinafter “D”) (the operation of the victim D, 63 years of age, hereinafter “D”), and took a look at the victim’s restaurant operation, and obstructed the victim’s restaurant operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. The application of Acts and subordinate statutes to the investigation report (hereinafter referred to as the “investigation Report”);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 of the option of punishment;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] [the grounds for sentencing] under Article 62-2 of the same Act shall be taken into account Article 51 of the Criminal Act, such as the fact that there is no basic area (6 months to one year and six months) (the person subject to special sentencing]: the scope of comparative sentencing between six months and one year and six months (the decision of sentence] according to the sentencing guidelines, it may be inferred that there was a considerable damage caused by the instant crime because the period of interference with business does not fall short of the period of suspension of business; the fact that the same criminal record or violence is considerable; the defendant did not have any efforts to compensate for the damage; and the fact that Article 51 of the Criminal Act does not seem to be serious.

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