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(영문) 서울남부지방법원 2018.05.02 2018고단308
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:00 on December 11, 2017, the Defendant obstructed the victim’s main business by force for about one hour, such as drinking alcohol at the main points of the victim D’s operation located in Gangseo-gu Seoul Metropolitan Government, and walking the table table without any justifiable reason, coming to the time for customers who were seated in another table, making them walk the table, and making them take a drinking door out, etc.

2. The Defendant damaged property, at the time, at the time, at the place specified in paragraph 1, followed the table table, which is the victim’s possession, carried the spawn and spawn spawn on the floor, shouldered the spawn and spawn with the spawn, spawning the spawn with the spawn with the spawn and causing

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (related to submission of data by victims and addition of crimes of damaging property of suspects);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 62-2 (1), Article 62-2 (2) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Education, and Article 62-2 (1), Article 62-2 (2) (main sentence), Article 59 of the Act on the Observation, etc. of Protection and Order to Attending, and Article 59 of the Act [the scope of punishment] 1 types of crimes (i.e., one month to eight months) in the mitigation area (including efforts to recover damage) [the scope of punishment] 2 types of crimes (including one month to six months in the mitigation area] in the mitigation area (including one month to six months in the mitigation area), where the punishment is not imposed (including efforts to recover damage), or where a significant damage has been restored, the scope of final sentencing due to the increase of multiple crimes: January to Nov. 1 [Pronouncement of the sentence].

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