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(영문) 광주지방법원 2018.02.20 2017고단5605
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

From November 27, 2017 to November 16:30 of the same day from November 27, 2017, the Defendant ordered the victim D's restaurant operated in Gwangju Dong-gu to 2010 to 16:30 of the same day and sent back to the next after drinking 2 joint owners of small fields, bean boomed, and let the frighted items go back. On the ground that the victim confirmed his/her escape as he/she left and confirmed his/her escape.

The two dyeculty flavoires.

Doing so-called ‘I will not be a customer', which makes it difficult for customers to enter the victim’s restaurant by avoiding disturbance, and thereby interfere with the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of D;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - There are many kinds of records of punishment for the defendant for committing a crime involving the same kind of crime or violence - On the other hand, it is against the recognition of the defendant's mistake - It is agreed with the victim that the injured person does not want the punishment

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