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(영문) 서울서부지방법원 2015.07.28 2015고단1163
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2015, at around 18:50, the Defendant ordered coffee at “E task operated by the victim D” in Yongsan-gu Seoul, Yongsan-gu, Seoul, followed the Defendant’s crym to store coffees on the ground that the coffee spaws do not exist, and expressed a large voice called “a spawn to drink spawn,” and 30 minutes of the disturbance at around 18:50.

Accordingly, the defendant interfered with the operation of the victim's store by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act showed the tendency of the defendant to engage in violent speech and behavior when there is a vision with ordinary others or when under the influence of alcohol, and even if punishment was imposed several times due to the violation of the Punishment of Violences, etc. Act, the crime of this case was committed again by the violent speech and behavior under the influence of alcohol and obstructing the victim's duties. In light of the circumstances of the crime of this case, the criminal liability of the defendant is not less complicated, the damage of the victim caused by the crime of this case is not much severe, there is no record of punishment heavier than the fine, and there is no record of punishment imposed by the defendant, and other various sentencing conditions shown in the argument of this case are considered.

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