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(영문) 광주지방법원 목포지원 2020.05.19 2019고단961
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

On August 13, 2019, from around 19:20 to 19:50 on the same day, the Defendant: (a) took a bath, such as “D” restaurant operated by the victim C, which was under the influence of alcohol, and (b) was asked by the victim to be able to do so, and (c) was able to do so, and (d) was frightened by the victim upon the victim’s request to do so; (b) made noise, and (c) caused fear to customers by hand with food on the table.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of on-site photographs and CCTV-recording statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. 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 special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence (the same kind of force, etc. of the accused);

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