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(영문) 수원지방법원 안양지원 2016.08.26 2016고단977
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on May 2, 2016, the Defendant, while drinking alcohol in a 'D' restaurant operated by the victim C, the first floor of the B B building, was obstructed the victim’s restaurant business by force by having the customers, who are willing to enter a restaurant, walk the time of drinking while soliciting other tebscing customers, and continue to drink “Cp, in accordance with the method of selling,” and preventing them from entering the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing under the sentencing guidelines] - The scope of sentencing under Article 62(1) of the suspended sentence [the scope of recommendations under the sentencing guidelines] - the area of mitigation (one month to eight months) (Interference with business), - Special mitigated person: Non-won of punishment [the decision of sentence] - Unfavorable circumstances: The victim does not want the punishment of the defendant, and the defendant is recognized as committing a crime, and there is no criminal conviction above

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