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(영문) 서울남부지방법원 2016.11.23 2016고단1530 (1)
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant conspired with B on February 27, 2016, from around 10:00 to 12:30, the Defendant obstructed the victim’s restaurant business by force for about 2:30 minutes and 30 minutes by avoiding disturbance, such as drinking, drinking, drinking, drinking, singing in large voice, and singing and singing, in the E-cafeteria operated by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 314(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : Where the basic area (including six months to one year), the basic area (including special mitigation) (6 months to one year and six months) / Where the degree of interference with business is serious (including serious efforts to recover from damage) / Where the degree of interference with business is serious (decision of sentence] - Where there is a large number of adverse circumstances: there is a number of force for committing violent crimes - An agreement with the victim - Other favorable circumstances: the fact that the victim has reached an agreement with the victim - the sentence as per the order shall be

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