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(영문) 의정부지방법원 2017.07.07 2017고단2257
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2017, the Defendant: (a) within the “D convenience store” working for the victim C in the Namyang-si, Namyang-si, the Defendant: (b) under the influence of alcohol; (c) opened the ice cream cream in its place; (d) collected the ice cream from the victim; (d) continued to collect the cream from the victim; and (e) reported at the victim’s 112 place; and (e) made customers hump and hump; and (e) made customers hump; and (e) “I hump”

In order to prevent customers from entering the convenience store by avoiding disturbance for about 30 minutes, such as “,” and raising trial costs, thereby obstructing the victim’s convenience store business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with business affairs, and the basic area (6 months to one year and six months) [no person in charge of special sentencing] [decision of sentencing] [the defendant] has already been punished for violent-related crimes, and the defendant has already failed to receive a letter from the injured party or to reach a smooth agreement with the injured party, it is necessary to strictly punish the defendant.

However, in full view of the various circumstances, such as the confession of the Defendant to commit the instant crime, the fact that there was no record of punishment exceeding the fine, and the age, sexual conduct, the process and motive leading to the instant crime, the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined.

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