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(영문) 수원지방법원 2017.01.12 2016고단7557
업무방해
Text

A defendant shall be punished by imprisonment for four 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

On June 6, 2016, the Defendant, within the "C" youth game site located in the 1st floor of the Dong-gu, Ansan-si, Sinsan-si, the 11:00 on June 6, 2016, caused elementary school students to take a horse one time more than one time to pay money, and caused them to take money. Accordingly, the Defendant, who was informed by the victim D, an employee of the above game site, to check the Defendant from the victim D, i.e., the head of the game site, “I Doe, I Doe, I Doe.”

After ‘Buling and bathing the victim', it was difficult to avoid disturbance by putting the victim’s balp and hand on the ground that he had prevented himself from arbitrarily intending to enter the staff rest room.

Accordingly, the Defendant interfered with the game business of the victim by force for about 40 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution provided that the Defendant was punished for the same kind of crime in multiple times, but the Defendant also obstructed the business by avoiding disturbance in the game room.

It is necessary to make strict punishment in that the act is continuously repeated.

On the other hand, the fact of crime is recognized and wrong.

There is a question about the reflection that the alcoholic beverages are cut and faithfully living.

In addition, it is also recognized that one party expresses his intention that the other party does not want punishment.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings, a suspended sentence of imprisonment shall be imposed on the Defendant.

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