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(영문) 광주지방법원 2016.08.25 2016고단1713
업무방해
Text

Defendant shall be punished by imprisonment with prison labor for four months, and 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 May 16, 2016, at around 15:00, the Defendant obstructed the victim’s convenience store operation by force until around 16:53 on May 16, 2016, the Defendant: (a) expressed a desire to an unspecified number of customers who enter the said convenience store without any justifiable reason while drunking; and (b) made fears; and (c) took place for about 1:50 minutes and 50 minutes; and (d) obstructed the victim’s convenience store operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. A C statement;

1. Investigation reports on interference with business and the application of statutes in the agreement;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] are as follows: (a) the mitigation area (one month to eight months); (b) the mitigation area (including special mitigation persons); and (c) the exemption area (including efforts to recover damage) the punishment is not (including decisions of sentence) or more; and (d) the decision is rendered as per the disposition.

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