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(영문) 인천지방법원 부천지원 2016.04.21 2016고단565
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 6, 2016, the Defendant: (a) while drinking alcohol in a restaurant with the trade name of D operated by the victim C in Seocheon-gu, Seocheon-gu, Seocheon-si B on March 6, 2016, the Defendant: (b) intending to receive a request from other customers to make the above customer and restaurant employees, and (c) intended to take a bath for the above customer and restaurant employees, and (d) had the son on the tables on the tables, and thereby interfered with the victim’s restaurant operation by force for about one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. Application of statutes on site photographs;

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

2. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [the scope of recommendation] : (a) the mitigation area (one month to eight months) / [the special mitigation area] the mitigation area (one month to one month) / [the decision of sentencing] the defendant is in a profoundly against the defendant's mistake; (b) the victim does not want the punishment; and (c) the victim does not drink again.

The punishment shall be determined as per the order, taking into account the fact that it is being taken.

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