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(영문) 수원지방법원 2017.09.12 2017고단4003
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 10, 2017, from around 23:50 to around 00:02 of the same month, the Defendant interfered with the victim’s business operation for about 10 minutes by force by avoiding a disturbance, i.e., the victim C’s “D” operated in Suwon-si, Suwon-si, with drinking and drinking alcohol; drinking and drinking alcohol; drinking and drinking 2 bed around the table where another customer was seated; and making the customer injured; and making the customer injured, thereby obstructing the victim’s business operation for about 10 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. Investigation report (Reference Statement);

1. Application of statutes, such as site photographs;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. The scope of a recommended sentence on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] where the scope of a reduced area [special mitigation elements] the degree of power or the degree of business obstruction is minor, the punishment not to be imposed (the scope of the recommended sentence] shall not exceed eight months;

2. The fact that the defendant who was sentenced to punishment has been punished several times for the same kind of violent crime, and that the defendant committed the crime of this case without any particular reason is disadvantageous to the defendant.

However, the degree of power in the obstruction of the instant business is relatively minor, and the victim does not want the punishment of the defendant by mutual agreement with the victim during the trial process, considering the favorable circumstances, etc., the victim’s age, sex, environment, family relationship, motive and circumstance of the crime, duration of the crime, duration of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the sentence like the order shall be imposed within the scope of the recommended punishment, within the scope of the recommended punishment, by comprehensively taking into account

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