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(영문) 서울북부지방법원 2016.09.08 2016고단2384
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

On May 16, 2016, at around 02:00, the Defendant 30 minutes of the disturbance, at around 02:0, the Defendant took a bath at the restaurant operated by the Victim C in Gangnam-gu Seoul Metropolitan Government, with drinking alcohol to employees, and was unable to avoid disturbance for about 30 minutes of the disturbance, such as cutting off clothes, putting off the clothes on the floor with the inner robe.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs extracted from CCTV created;

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

1. The criteria for sentencing of the reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending sentence] interference with the sentencing of the reasons for the suspended sentence under Article 62(1) of the Criminal Act shall be determined by comprehensively taking into account the following circumstances under the decision not to punish the mitigated area (one to August), and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and conditions of sentencing as stated in the records, such as

- There are many records of punishment by interference with business, assault, etc. - the recognition and reflection of the crime, and the smooth agreement with the victim;

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