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(영문) 서울동부지방법원 2020.04.24 2020고단211
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 02:50 on January 1, 2020, the Defendant entered a “D” restaurant with the victim C working in Gangdong-gu Seoul Metropolitan Government while under the influence of alcohol, and obstructed the victim’s operation of the said restaurant by force by leaving the beer and beer disease in the fluence of the said restaurant, leaving the table, floor, and entrance of the said restaurant, and preventing other customers from eating a disturbance for about 5 minutes, such as the width of the toilet bnd, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. On-site photographs;

1. Application of Acts and subordinate statutes to confirm the investigation (to listen to shotly telephone statements);

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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;

3. Determination of sentence: Imprisonment with prison labor for six months and suspension of execution for one year, the crime in this case is a matter that obstructs another person's business by committing an act, such as having a beer's disease, etc., and the quality of the crime is not exceptionally considered in light of the form of act and degree of damage;

Many criminal records, including the same crime, are also disadvantageous to the defendant.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., shall be determined as ordered by taking into account the following factors: the defendant is against himself/herself and has received a letter from the victim; after November 201, 2016, there is no other penalty record other than once a fine; and the records and arguments of this case

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