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(영문) 서울동부지방법원 2020.11.25 2020고단661
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on February 28, 2020, the Defendant interfered with the victim’s restaurant business for approximately 30 minutes by force by ordering the victim C, which is managed by Seongdong-gu Seoul Metropolitan Government, to have his own customers and employees sound, take a bath, and breaking the table, while having ordered the victim C, which is in his control, to have his own customers and employees take a bath.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of E;

1. Application of the Act and subordinate statutes to the Investigation Report (CCTV);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing (the defendant is a person who has a habit of drinking alcohol or has been addicted to it, need to receive treatment, and is in danger of re-offending) under Article 62-2 of the Act on Probation and Medical Treatment and Custody, etc., and Article 44-2 of the Medical Treatment and Custody, etc. Act (the issuance of a medical treatment order shall be made) has repeatedly been punished several times due to the same crime, etc., despite the fact that the defendant committed the crime in this case, the victim does not want the punishment of the defendant, and the defendant is divided by mistake, and the sentencing conditions in the trial process of this case, such as the character and behavior of the defendant and circumstances

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