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(영문) 서울북부지방법원 2017.01.19 2016고단1653
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:00 on January 14, 2016, the Defendant: “E located in Gangnam-gu Seoul Metropolitan Government D” located in Gangnam-gu Seoul Metropolitan Government, which was operated by the Victim C, to F, who is an employee, “hume, flag, flag, pump, and several slaughters.”

Chewing bath theory, which interferes with the business of the victim by force, such as leaving the drinking cans of drinking drinking water, leaving approximately eight customers at the above drinking point, etc., and obstructing the business of the victim's drinking places by force.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of witness G;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of F’s written Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The basic area (referring to six months to one year and six months) of the recommended punishment on the sentencing criteria (referring to the scope of the recommended punishment) (referring to a person who has no special sentencing factor).

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

A favorable circumstances: The defendant has no record of criminal punishment exceeding a fine: The defendant is consistently serving as a defense counsel for the crime of this case; and the defendant is sentenced to a fine of KRW 700,000 as a result of an injury at the Seoul Northern District Court on November 12, 2014, although he/she has been sentenced to a fine of KRW 70,000 for a crime of violence, he/she has eight or more times

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