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(영문) 광주지방법원 해남지원 2018.04.26 2017고단481
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2017, the Defendant: (a) whether the Defendant would not drink at a “D” restaurant operated by the Victim C in the Southernnam-gun B prior to the lapse of 08:00 on December 4, 2017 on the ground that the victim would not drink the alcohol; (b)

(p) Prohibition of funeral services shall be discarded.

“Along with the sound,” it obstructed the victim’s restaurant business by force by causing other customers who have provided meals at the same place, placing the instant cups on the floor, and destroying them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on occurrence, internal investigation report, and each investigation report;

1. Application of statutes on site photographs;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the degree of suffering and interference with the business of the victim caused by the defendant's crime is not less exceptionally.

The Defendant committed the instant crime even though he/she had been punished for multiple violent crimes.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The Defendant agreed with the victim smoothly.

The execution of the sentence against the defendant shall be suspended only once in consideration of these favorable circumstances.

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