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(영문) 서울남부지방법원 2017.08.03 2017고단2502
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 1, 2017, the Defendant: (a) around 23:10 on May 23, 2017, at the “D” restaurant operated by Geumcheon-gu Seoul Metropolitan Government Victim C ( South, 49 years of age); (b) had prevented the victim’s restaurant business by force for about 40 minutes, including the victim’s scambling of food and drinking other customers under eating without any justifiable reason; and (c) had prevented the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection [the scope of the recommended punishment] The reason for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended punishment] The mitigated area (one month to eight months) [the person who has been specially mitigated] [including efforts to recover damage] [the decision of sentence] six months of imprisonment, the suspension of execution two years, the defendant observe the protection has several previous convictions, and there are more favorable circumstances such as confessions and reflects, and there are more favorable circumstances such as agreement with the victim.

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