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(영문) 서울남부지방법원 2019.03.28 2018고단2307
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2018, from around 23:10 to 23:35 of the same day, the Defendant took a bath without any justifiable reason while drinking alcohol in the “Dcafeteria operated by the victim C” in Yeongdeungpo-gu Seoul Metropolitan Government, and caused other customers, who took a meal in the restaurant, to have him/her unable to provide meals, by cutting the table table, which he/she opened to the hospital, with his/her house-to-face, cut the table, sound, and opened the table, which he/she opened to the hospital.

Accordingly, the defendant interfered with the victim's restaurant business by force for about 25 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to a report on investigation (on-site CCTV and witness statements);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs [the elements of mitigation]: In the case where the degree of power is minor, non-compliance with the punishment [the area of recommendation and the scope of the recommended punishment] special mitigation area, one month to eight months in imprisonment;

2. Determination of sentence: The sentence shall be determined in the same way as the sentence, taking into account the following circumstances, such as the defendant's age, character and conduct, motive of the crime, means and result of the crime, and the circumstances before and after the crime.

Unfavorable circumstances: The defendant has a record of criminal punishment several times for crimes related to violence;

(k) favorable circumstances: The defendant reflects his mistake, and the victim does not want the punishment of the defendant by agreement with the victim;

The dismissal of prosecution is dismissed.

1. The summary of this part of the facts charged is that the Defendant, from April 24, 2018 to April 23:10, 2018, took a bath without justifiable reasons while drinking alcohol at “Dcafeteria operated by C” located in Yeongdeungpo-gu Seoul Metropolitan Government from around 23:35 on the same day.

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