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(영문) 서울남부지방법원 2017.08.16 2017고단1160
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2017, around 20:0, the Defendant interfered with the victim’s restaurant business by force, such as: (a) around 30 minutes of disturbance, including, but not limited to, making soup within the restaurant operated by the victim D in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the fourth floor “C Syna,” and (b) making the victim and its customers at the same time feel a large amount of voice, “hump” and flabing the noise, and making the customers going out of it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written statements of victims of D;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Imprisonment with prison labor chosen;

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

1. Taking into account the fact that the crime of sentencing under Article 62-2 of the Criminal Act is against the protection and observation, taking lectures, and providing community service order, the fact that there is no record of criminal punishment other than fines for the last ten years, and that there is a need for treatment within society, including the head of a gold scheme, rather than punishment by detention;

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