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(영문) 서울동부지방법원 2019.09.23 2019고단2433
업무방해
Text

A defendant shall be punished by imprisonment for four 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

On July 15, 2019, at around 00:35, the Defendant, at the D convenience point where the victim C works in Gangdong-gu Seoul Metropolitan Government on July 15, 2019, changed tobacco to the victim, thereby obstructing the victim’s operation of convenience stores by force by avoiding disturbance for about 15 minutes in a manner that the victim gets sound from the victim and take a bath to the victim and takes things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on investigation reports (CCTV image);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] interference with the affairs of [the category 1] interference with the affairs of a person who is a special person] - The elements of mitigation: [the scope of the recommended area and the recommended punishment] mitigation area, reduction area, imprisonment with prison labor for one month to eight months [the general person] - The factors of mitigation: Voluntary reflection [the reasons for suspension of execution] - The important reasons for suspension of execution [the reasons for suspension of execution] - The person who is not subject to punishment - the general pride: contingent crimes, serious reflects.

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;

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