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(영문) 의정부지방법원 2020.04.13 2020고단235
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2019, from around 03:05 to 04:45 on the same day, the Defendant found a total of three times at the instant restaurant operated by the injured party C, and obstructed the normal operation of the restaurant for about 40 minutes, such as provoking to the customers who are seated on the side, with a large amount of drinking, and a large amount of noise, and by creating a crypology to the customers and the employees of the restaurant.

At around 03:50 on the same day, the Defendant continued to interfere with the business of 20 minutes of convenience stores, such as drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking to customers, and allowing customers to walk without purchasing goods at convenience stores.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C and E;

1. Application of Acts and subordinate statutes to report on investigation and report on investigation (Listening to statements by reporters);

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

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 on Probation (see, e.g., Supreme Court Decision 201Do1448, Apr

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Types of Interference with Business) (Interference with Business) and 01 (Type 1) have no interference with business [the scope of recommending area and recommendation] (the scope of recommending area and recommendation] basic area, 6 months to 1 year and 6 months;

(b) Second crime (determination of types of interference with business) [Article 1] Interference with Business (Type 1] No person who interferes with business [the scope of the recommended field and recommendation] [the scope of the recommended field and recommendation] basic area, six months to one year and six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months to not less than two years and three months;

3. Determination of sentence: Imprisonment;

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