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(영문) 부산지방법원 2018.10.02 2018고단3452
업무방해등
Text

A defendant shall be punished by imprisonment for four 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

1. On July 11, 2018, at around 00:20, the Defendant: (a) sent the victim the word “Esing shop” in the “Esing shop operated by the victim D in Busan, Busan, Busan, to pay the credit amount; (b) the Defendant expressed the victim the victim’s desire to “Is that Is the dys of the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

2. The Defendant assaulted the victim, at the time and place specified in paragraph 1, by putting the victim F(50) booming the victim’s booming the above act and pushing the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 260 (1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Assaults) [Scope of the recommended punishment] and the scope of the final sentence according to the aggravated punishment for multiple crimes where the degree of power and deceptive means, or the degree of interference with business is minor, in the area of mitigation (one month to eight months), the scope of the recommended punishment for the crimes falling under Category 1 (Assaults in General) and the basic area (two months to October) [no person subject to special sentencing] [the scope of the recommended punishment] and the scope of the reduced punishment for the crimes falling under Category 2 (Obstruction of Duties].

2. Circumstances unfavorable to the decision on the sentence: Consideration of all the conditions for sentencing, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, that are against the situation that is favorable to the majority of the criminal records of the same kind and different types of punishment; and

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