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(영문) 부산지방법원 동부지원 2016.03.16 2015고단1753
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 16, 2015, the Defendant: (a) around 15:00, around 75 years of age operated by the Victim D (AE) in Busan Metropolitan City Shipping Daegu C, and (b) was diving by attaching a number of mothers under the influence of alcohol; (c) the victim was able to “abrupt,” and the victim was able to “abrupt,” and expressed a desire to “abrupt, Chewing,” and the victim’s “abrupt, Chewing, and the same year of age,” and had failed for a approximately two-hour period of time.

Accordingly, the defendant interfered with the victim's business of divided food store.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, where the elderly victims expressed their desire to commit so that the crime of this case interferes with restaurant business, and such crime is bad, and the defendant repeats again even if he/she was punished several times due to a similar crime.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the type used by the victim is not very serious.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Main Grounds for Determination of Sentencing] - Interference with Business : Group of Disturbive Crimes, Interference with Business, serious reflectivity, etc.

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