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(영문) 인천지방법원 2018.07.19 2018고단3994
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 December 4, 2017, around 22:30 on December 4, 2017, the Defendant, at the victim D’s main point of “E” in the Southern-gu Incheon Metropolitan City C underground, breadd the drinking of drinking at a large volume against the customers, and breadddddd the drinking at that place, and prevented the customers from entering the place by avoiding a disturbance for about 90 minutes, such as taking the head of the customer who singing at that place by hand.

Accordingly, the Defendant interfered with the principal operation of the victim by force as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection [the scope of the recommended sentence] : (a) the mitigated area (one month to eight months) [the person with special mitigation] / whether or not there is a suspended execution (including efforts to recover damage) / The main reasons for special mitigation / The main reasons for suspension of execution : The positive contingency - The affirmative contingency - the serious reflectivity / the degree of damage other than the above sentencing person with positive contingency / the degree of injury, the character and conduct of the defendant, the environment, etc.

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