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(영문) 부산지방법원 2017.11.23 2017고단3565
업무방해
Text

A defendant shall be punished by imprisonment for four 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

At around 23:50 on June 21, 2017, the Defendant: (a) expressed the victim D (here, 64 years of age) who is a business owner in the restaurant C located in Busan Dong-gu, Busan; (b) expressed the victim D (the 64 years of age that he/she had a large number of drinking, so he/she would be able to do so; and (c) expressed his/her bath, “I ambling ambling ambling ambling ambling ambling ambling ambling ambling ambling ambling ambling, and laid down on the floor, thereby obstructing the victim’s restaurant business by force, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of statutes on police statements protocol;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] are that the crime of this case is committed at a disadvantage, even though there are many records of force or violent crimes in mitigation area (one month to eight months) / [the person with special mitigation] / [the person with serious efforts to recover from damage] / [the decision of sentence] decision of sentence, power or violence crime.

It is a favorable circumstance that the injured party agrees with the defendant and wants to take the defendant's preference, and that the defendant seems to have an attitude to recognize and reflect the facts of crime.

Other circumstances, such as the circumstances leading up to the instant crime (the Defendant committed the instant crime under the influence of alcohol), means and methods, the circumstances after the instant crime, the age of the Defendant, etc., and the conditions for sentencing prescribed in Article 51 of the Criminal Act, which are revealed in the records and pleadings, shall be determined as ordered by the disposition.

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