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(영문) 의정부지방법원 고양지원 2021.03.10 2020고단2063
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 10, 2020 22:08, the Defendant: “D” restaurant for the victim C’s operation located in U.S. Dong-gu, U.S., U.S.; “I will come to know of the width”; and “I will go to know of the width,” and “I will go to the inside. I will go to the hack of the hack of the hack of the hack of the hack of the hack.”

In making the horses, “,” etc., the victim boomed for about 20 minutes, and took a bath to other customers, and obstructed the victim’s operation of the restaurant.

Summary of Evidence

1. A protocol of the police statement concerning C of the suspect interrogation protocol against some of the accused;

1. Application of Acts and subordinate statutes of Chapter 1 to CCTV images in each E, F, and G;

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;

1. Obstruction of business affairs [Type 1] interference with the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment], the basic area of the business affairs [the scope of the recommended punishment], six months to one year and six months;

2. The decision of sentencing had a large number of criminal records for the accused and did not make efforts to recover from damage.

In addition, the punishment shall be determined within the scope of recommended punishment according to the sentencing guidelines in consideration of various circumstances shown in the arguments, such as the defendant's age, sex, environment, relationship with the victim, motive and background leading to the crime, method and details of the crime, degree of interference with duties, and circumstances before and after the crime, etc., and the execution of the punishment shall be suspended.

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