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(영문) 수원지방법원 여주지원 2020.02.07 2019고단1199
업무방해
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On June 27, 2018, the Defendant sentenced 10 months to imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court on June 27, 2018, and completed the execution of the sentence in a female prison on December 15, 2018.

At around 19:50 on September 18, 2019, the Defendant interfered with the victim’s restaurant operation by force for about three minutes by avoiding disturbance, such as 'D’ where the victim C (n.e., 19 years of age) works in Ischeon-si B, for the reason that the Defendant did not request additional Pokes and liners to engage in such services.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. C’s statement;

1. Application of Acts and subordinate statutes not to impose punishment;

1. Article 314 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. One month to eight months from the scope of the recommendation sentence (not subject to punishment);

2. The fact that the sentence is the form of sentencing, the fact that it is a crime during the period of repeated crimes is disadvantageous, the fact that it is a scam and reflects, the victim's penalty is not imposed, the time when it is obstructed, etc. shall be considered favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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