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(영문) 창원지방법원 통영지원 2017.01.19 2016고단1509
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2016, at around 04:10 on September 15, 2016, the Defendant requested return of a gift box purchased prior to the victim D (28C) who is an employee, and the victim returned it to the victim. However, on the Defendant’s cell phone, on the ground that there was no message of revocation of approval of credit card on the return of the above product, the Defendant’s cell phone did not contain any message of revocation of approval of credit card on the return of the product. However, on the ground that the Defendant’s cell phone did not contain any physical disease in the said set, the Defendant dumped the displayed goods into water and dumpeded the displayed goods, and the victim would not operate the dump truck in front of the set.

The term “high sound,” etc. interfered with the business of the victimized person by force by avoiding disturbance for about one hour and 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

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;

1. The basic area (from June to June) of the sentencing criteria (the scope of the recommended punishment) (the scope of the recommended punishment) shall not interfere with the duties; and

2. Although the Defendant had been sentenced to a prior conviction of the same kind of fine, the Defendant did not agree with the victim of the instant crime. The Defendant, who wished to punish the Defendant, did not commit a second offense. It is so decided as per Disposition, by taking account of the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, means and consequence, etc., and the circumstances after the commission of the crime, etc., on the grounds that the Defendant was sentenced to punishment by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as

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