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(영문) 부산지방법원 2015.09.10 2015고단4724
업무방해
Text

A defendant shall be punished by imprisonment for 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 June 5, 2015, at around 22:40, the Defendant: (a) entered the said main point with the victim C (hereinafter “D”) located in Geumcheon-gu, Busan (hereinafter “B”); (b) obtained excessive restriction on her dancing; (c) discovered that the Defendant, who caused the disturbance, carried excessive possession at the said main point before around 2 months, deducted the Defendant from drinking; and (d) took the Defendant from drinking; and (e) made the Defendant, on the ground that he said, he would be able to say that he would not drink, thereby preventing another customer from entering the said bar business due to force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. 112 Application of Acts and subordinate statutes concerning reported details;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Order to Attend the lecture [Scope of Recommendation] There is no person who has the basic sphere (f.g., month to year and June) [f., year and June] [f., a person who has a special penalty] [f., a sentence] the defendant repeats the same kind of crime under the influence of alcohol, but there is no record of punishment for the same kind of crime, there is no record of punishment for suspended sentence or more, present health status is not good, and his mistake is divided. In light of all the circumstances, the sentence like the order shall be imposed.

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