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(영문) 춘천지방법원 2020.05.21 2020고단131
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 February 6, 2020, at around 22:30, the Defendant interfered with the victim’s main shop business between 30-40 minutes by force by avoiding disturbance, such as a shot bar, a shot bar, a shot bar, a second floor, and a shot bar, and the victim’s main shop business of 30-40 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on the field photographs and the 112 Reporting Case List;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types of punishment] interference with business affairs [the category 1] interference with business affairs (the person specially punished] - the mitigation element: the mitigation area [the scope of the recommended area and the recommended punishment] mitigation area, the imprisonment with labor for one month or for eight months [the grounds for suspension of execution] - Major pride reasons: The exemption of punishment (including serious efforts to recover damage).

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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