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(영문) 창원지방법원 2016.10.26 2016고단1933
업무방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant, at the Changwon District Court, sentenced the Defendant to six months of imprisonment with labor for the crime of interference with business, and the said judgment became final and conclusive on April 15, 2016.

On December 13, 2015, at around 00:29, the Defendant ordered the beer at D main points operated by the Victim C (A, 53 years of age) in the G main points operated by G, Kim Yong-si, and obstructed the victim’s main business by force by avoiding the disturbance for about 20 minutes, including, but not limited to, the victim’s restraint from doing so, the victim’s desire to take a part in other customers, and continuing to drink and drink with drinking, without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous convictions: Criminal records, investigation reports (Attachment of previous convictions, written judgments, etc. for confirmation), and application of Acts and subordinate statutes of one written judgment;

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing conditions indicated in the records of this case, including the facts charged with the same kind of crime as the sentencing of Article 62(1) of the Criminal Act and committed again during the trial, but agreed upon with the victim, and the age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as ordered, taking into account the following factors:

(The sentencing criteria shall not apply because they are concurrent crimes of the latter part of Article 37 of the Criminal Act)

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