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(영문) 서울동부지방법원 2020.04.23 2020고단640
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From 00:03 on January 31, 2020 to 02:21 on the same day, the Defendant interfered with the victim’s main business by force by neglecting the victim’s words, which d'D' operated by the victim C in Gangdong-gu Seoul, and by neglecting the victim’s words that d's business hours end, the Defendant d'D, which d'culced so that d'culcing the drinking, d'culing the victim’s abusive, d's d'culcing the victim’s d's d', which d'culcing the victim’s d'

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reports (the CCTV verification in D);

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs [the elements of mitigation]: Reduction area of punishment (including efforts made to recover damage), reduction area [the scope of the recommended area and the recommended punishment] mitigation area, imprisonment with labor for one month to eight months;

2. Determination of sentence: The defendant has been sentenced to eight criminal records related to violence, including one-time criminal records and one-time criminal records of suspended sentence, but the defendant has agreed to do so only with the victim, the defendant recognizes and reflects his/her own crime, and other sentencing conditions specified in pleadings, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered.

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