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(영문) 서울남부지방법원 2017.07.11 2016고단5251
업무방해
Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a soup guest to “B” and the victim C(63) and victim D(34) are soup managers.

On October 3, 2016, around 10:30 on October 3, 2016, the Defendant: (a) reported to the victim C, who had been working at the soup room in the male shot room in Guro-gu Seoul, Seoul, for a sobrying room, there was no sobrying clothes; and (b) found the victim C, who had seen to have been able to take the clothes of the sick shots; and (c) continued to interfered with the victim D’s sobrying business by force, including, but not limited to, approximately 30 to 40 minutes of the victims’ management.

Summary of Evidence

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

1. Application of C and D’s written laws and regulations

1. Relevant legal provisions of the Criminal Act and Article 314 (1) of the Criminal Act regarding criminal facts and the selection of punishment (in many cases, choice of punishment by imprisonment, violence, and consideration of the attitude of police in the course of police investigation immediately after the crime is committed);

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that the degree of interference with business is not serious, the age of the defendant, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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