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(영문) 창원지방법원마산지원 2020.09.22 2020고단737
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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

At around 08:20 on April 19, 2020, the Defendant interfered with the victim’s restaurant business by force, such as, under the influence of alcohol, 10 minutes of the victim’s restaurant business, the victim C (here, 42 years of age) in Changwon-si, the victim C (here, here, here, here, here, and here, here, here, here, here, here, here, here, and here here, here, here, here, here, here, here, here, here, here, here,

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of punishment by law: One month to five years;

2. The scope of recommendation [decision of types] according to the sentencing criteria, the basic area of recommendation [the scope of recommendation field and recommendation range], the basic area where there is no interference with business [the category 1] [the person who is a special person], and the scope of recommendation range], six months to one year and six months.

3. Prosecutor's opinion: Six months of imprisonment;

4. The Defendant, who was sentenced, interfered with the operation of a restaurant, such as taking a bath at the restaurant.

It has been punished three times (2018, 2019, 2019) for the same crime, and other criminal records are also several times.

The victims did not recover from damage, and did not receive a letter from the victims.

However, the defendant recognizes the crime.

It was not moving to violent crimes, and the time of interference with business is relatively long.

No sentence shall be imposed on the accused.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, and all the sentencing conditions shown in the proceedings and arguments.

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