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(영문) 청주지방법원 충주지원 2017.01.20 2016고단776
업무방해등
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 October 5, 2016, from around 01:40 to around 02:05, the Defendant: (a) laid in front of the main door for the reason that the Defendant’s wife drinks with other males for drinking alcohol; (b) laid in a plastic beer box in front of the main door on the ground that the Defendant’s wife was in drinking alcohol with other males; (c) laid in the main room, the Defendant: (d) laid in the main room for drinking alcohol, 2, and 1 of the coffee board installed within the main store; (d) laid in the main room for drinking alcohol, 2, and 1 of the coffee board; (e) laid in the floor or removed knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif knif knif.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation: The defendant committed the instant crime even though he/she had been subject to punishment twice a suspended sentence against violent crimes, and the circumstances where the obstruction of business operation is considerably favorable: The defendant is recognized to commit the instant crime; the defendant has agreed to do so smoothly with the victim; the above circumstances and the defendant's age, sex behavior, environment, circumstances, means and consequence of the instant crime; and the conditions for sentencing are determined as ordered in consideration of all the conditions for sentencing, such as the circumstances after the crime.

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