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(영문) 창원지방법원 2018.11.22 2018고단2591
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who uses a vehicle to give street services.

On September 6, 2018, the Defendant, at around 15:00, assaulted the “C” front of the Kimhae-si, Kimhae-si, and the official seal of Kimhae-si D, the victim E, etc., who was the official seal of Kimhae-si, did control over the illegal occupation of the Defendant, who was located on the road, and was sleeping off the clothes of E with the defect that the Defendant tried to do the work of the Defendant.

Accordingly, the Defendant interfered with the victim E's illegal occupation control by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the Acts and subordinate statutes on report of internal investigation (the attachment of photographs taken at the time this case occurs);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are deemed to have committed the crime of this case on a contingent basis. The confession and the mistake are divided in the course of committing the crime of this case, there are some circumstances that may be taken into account in the circumstances leading to this case, and the degree of violence and business obstruction is not serious, including the victim's not want to be punished, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., as well as various circumstances that form the conditions for the sentencing in this case, including the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court's sentencing sentencing committee (one month - August 8) shall be determined as ordered.

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