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(영문) 부산지방법원 2016.09.22 2016고단3085
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 12, 2016, from around 14:30 to 16:50 on the same day, the Defendant: (a) expressed in the D coffee shop in Busan Young-gu, that, on the grounds that a person who suffered interest from the main owner of the franchising coffee is going to his house, the Defendant: (b) expressed his desire to the customers at large interest; (c) avoiding disturbance, and (d) let the customers leave his place, thereby obstructing the victim’s coffee shop business by force.

2. The Defendant destroyed property at the same date and time, and at the same place, the amount equivalent to KRW 10,000 per share at the market price of Chapter 1 on the victim E-owned glass (the width of 60 cents, vertical length of 60 cents) attached to the wall columns of the said coffee shop at the same time and at the same place.

3. In the same date and time, and in front of the same coffee shop, the Defendant openly insulting G by openly insulting the police officers belonging to the F District Police Station belonging to Busan Young-do Busan, who received 112 reports on the above Defendant’s act, on the 10 pages of the above E and other 10 persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A complaint;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Article 314(1), Article 366, and Article 312 of the Criminal Act; the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include a majority of the defendants with the same or similar records, but there is no history of criminal punishment exceeding the fine due to the same kind of crime, obstruction of duties and damage to a victim of a damaged case does not want punishment, and the confession is contrary to the sentencing guidelines, etc., the crime No. 1 (Obstruction of Duties) within the lower limit of the sentencing guidelines [the scope of recommended punishment] within the mitigation area (one month to eight months) [the person with special mitigation] within the mitigation area (one month to eight months].

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