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(영문) 부산지방법원 서부지원 2017.04.25 2017고단54
업무방해
Text

A defendant shall be punished by imprisonment for one year.

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

On February 3, 2017, the Defendant: (a) 00:00, the Victim C, operated by the injured party C, in Busan Shodong-gu B, without any reason, fluencing the sobly while drunk; (b) flucing the disturbance, such as pressing the table table, and bruing the disturbance to the customers of the place of the disturbance, and (c) flucing him/her out of the place of the disturbance, and flucing him/her of the disturbance.

As above, Defendant 1 got disturbed and brought a knife knife (19ccm in length) at the Defendant’s residence located in Busan Sho-gu, and found Defendant 1 into the above D restaurant and displayed the knife knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Dangerous weapons and photographs;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of CCTV photographs on crime scene);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Where the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommended punishment in accordance with the sentencing guidelines] interference with the business of sentencing [the scope of recommended punishment] under Article 48(1)1 of the Criminal Act, where the method of punishment (1 to 3 years and 6 months) is very poor in the area of aggravation (1 to 3 months), (2) [a person with a special aggravated punishment] under the Criminal Act, the defendant committed a crime of interference with business by using dangerous articles, such as a knife, even though he had

However, the fact that the defendant recognized the crime of this case and is in profoundly against the defendant, and there are some other circumstances to consider the background of the occurrence of this case, the defendant's age, sex, environment, the background and contents of the crime of this case, and the circumstances after the crime of this case, etc., shall be determined as ordered by taking into account various sentencing conditions as shown in the arguments and records of this case.

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