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(영문) 의정부지방법원 2016.10.21 2016고단3149
업무방해등
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

1. On July 8, 2016, from around 16:30 to 17:06, the Defendant interfered with the business of the victim’s convenience store operation by force, such as: (a) the victim’s convenience store operated by the victim C (here, 40 years of age) in the Gu Government-si B; (b) the humping of alcohol; (c) the humping of alcohol; and (d) the humping of the entrance to prevent customers from entering the convenience store before the entrance; and (c) the humping of alcohol to the customers seated in front of the convenience store.

2. The Defendant made a public insult of the victim by pointing out the disturbance, such as the date, time, place, and paragraph 1, and speaking, “one time”, “spawn”, and “one time” to the victim who was affiliated with D head office E, a staff member of D head office, and “one time”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. A complaint;

1. Investigation reports and investigation reports (to hear victim C telephone statements);

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The offense of insult that has no basic area (6 to one year and six months) (6 months) of the basic area (6 to one year and six months) according to the sentencing criteria shall not be set on the sentencing criteria; and

2. In light of the fact that the Defendant had already been punished several times for the same kind of crime, and that there was no written appearance from the victim or no agreement was reached, it is necessary to strictly punish the Defendant.

However, the defendant confessions each of the crimes of this case and reflects them, there is no record of punishment exceeding the fine, and the age, character and conduct of the defendant, and other crimes of this case.

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