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(영문) 인천지방법원 2017.04.20 2017고단986
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 January 23, 2017, the Defendant: (a) around 16:10, at the “E” restaurant for the victim’s D operation in Yeonsu-gu Incheon Metropolitan City, and (b) at around 13:00 on the same day, the Defendant refused the Defendant’s demand to add food to the Defendant’s her natives and the said restaurant, thereby refusing to do so; (c) again, the Defendant demanded the Defendant to visit the said restaurant at the entrance of the said restaurant, and for about 40 minutes, the Defendant interfered with the Defendant’s business affairs related to the victim’s restaurant by force, such as “a bit of a bitch bitch, chewing, and bottle” for 40 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a investigative report (CCTV verification result);

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (the grounds for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] The scope of interference with the affairs [the grounds for the suspended sentence] where the degree of power, deceptive scheme, or the degree of interference with the affairs is minor, the penalty is not suspended (including a serious effort to recover damage) - The main reasons for the suspended sentence - Where the degree of positive power, deceptive scheme, or the degree of interference with the affairs is minor, the penalty is not suspended (including a serious effort to recover damage) - there is a minor degree of interference with the affairs: there is no positive reflection of the sentence, there is no criminal offense more than the suspended sentence [the decision of the sentence], other than the above sentencing factors, in consideration of the motive and circumstances of the crime, the degree of damage, the character, conduct, environment, etc. of the defendant.

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