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(영문) 의정부지방법원 2016.05.25 2016고단470
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 January 13, 2016, from around 02:20 to 02:50 on the same day, the Defendant heard from the main point of “D” managed by the victim C in the Gu-si B, to the point of “D” managed by the victim C, and hear the Defendant’s expression that he would not sell alcoholic beverages from the damaged party, and as a result, whether the Defendant would not sell alcoholic beverages.

썅년아, 시발 년 아, 눈까리를 파 버린다, 죽고 싶냐

In order to prevent customers, who wish to enter the main points of the disturbance by putting their stick, such as “,” etc., from entering, thereby obstructing the victim’s main business by force.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts of crime (the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommended punishment] is that there is no basic area (the six months to one year and six months) (the special person subject to sentencing] [the sentence decision] Defendant has been punished several times due to violent crimes, but the Defendant committed the instant crime in late night.

It was impossible to agree with the victim, and the damage was not recovered.

However, the defendant recognized his mistake and reflected his mistake.

There shall be no record of being punished in excess of a fine after 196.

In this context, the sentencing guidelines shall be set by taking into account various sentencing conditions, such as the defendant's age, environment, motive, means and consequence, and circumstances after the crime.

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