(영문) 부산지방법원 서부지원 2019.02.22 2018고단2300

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(영문) 부산지방법원 서부지원 2019.02.22 2018고단2300

업무방해

Text

A defendant shall be punished by imprisonment 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

At around 00:20 on September 18, 2018, the Defendant, as the victim C (the 56-year old), entered the beer shop operated by the victim C (the 56-year old), which was located in the World Cup, and laid down the beer room on the floor without any reason, and the victim took the bath to “Ie Y, Ie Y, Ie the same h, Ie h, Ie h.”, and continued to put the 20 minutes of the victim into the floor, and interfered with the victim’s restaurant business by force by force, such as: (a) having two customers go from the room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the investigation report and the statement in the circumstances of the host person;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Type 1 (Interference with Business) (1 to 8) areas subject to mitigation (1 to 1) (including specially mitigated persons), areas subject to punishment (including serious efforts to recover damage);

2. The crime of this case, which was determined to be sentenced, is deemed to interfere with the business of the defendant by avoiding disturbance at a restaurant; the disadvantageous circumstances, such as the fact that the nature of the crime is not good; the fact that the defendant was punished for violent crimes two times; the defendant recognized the crime of this case as well as the fact that the defendant committed the crime of this case in a contingent impulse with the defendant while under the influence of alcohol; and the favorable circumstances such as the fact that the defendant committed the crime of this case in a contingent impulse with the victim; and the fact that the defendant agreed with the victim during the course of the record of this case and the pleading, shall be determined

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