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(영문) 서울중앙지방법원 2017.11.16 2017고단3241
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

around 15:50 on May 7, 2017, the Defendant entered the E-cafeteria operated by Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City C and 1st floor victims D (34 tax) and obstructed the victim’s restaurant business by force by hearing the horses that it is difficult to sell drinking to the Defendant who d(34). The Defendant heard the horses that it is difficult for the Defendant to drinking from the injured party, and talked to the injured party, and making it difficult for the Defendant to sell drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the list of 112 Reporting Cases);

1. Article 314 (1) of the Criminal Act that applies to the relevant criminal facts and that of the choice of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant has been punished on several occasions due to the obstruction of duties, interference with the performance of official duties, etc., and that there is no other measure to recover damage, etc. are disadvantageous circumstances.

However, the execution of punishment is suspended by comprehensively taking into account the following factors: (a) the content of the crime obstructing the business of this case did not amount to the extent of destroying property or exercising physical violence; (b) the confession and the misunderstanding of the Defendant was committed; and (c) the sentencing conditions, such as the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime

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