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(영문) 인천지방법원 2016.10.06 2016고단2070
업무방해
Text

A defendant shall be punished by imprisonment for six 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

At around 23:35 on February 11, 2016, at E convenience stores located in Nam-gu Incheon Metropolitan City, the Defendant: (a) saw the victim F (34 years of age) as an insulting report to the Defendant in the past; and (b) saw it as follows: (c) “I ambling a frier, piner’s family member,” “I ambling a frier’s sat, sating satch,” “I ambrier’s satch,” “I ambrier, I ambrier’s family member,” and “I ambrier’s family member’s death, I ambre the victim’s convenience store; (d) ambling the disturbance so that other customers do not enter the place of convenience; and (e) around 02:20 on February 12, 2016, the Defendant rejected the victim’s convenience, such as the victim’s desire to sell it.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. The police statement concerning F;

1. A written statement;

1. Each investigation report (Evidence List Nos. 1 and 2), investigation report (video analysis), video analysis photograph, criminal history records, etc. inquiry report, preliminary investigation report, confirmation report, and application of Acts and subordinate statutes, such as judgment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : Type 1 (Interference with Business) (Special Mitigation) and basic area (including special mitigation) / The punishment penalty is not granted (including serious efforts to recover damage): 6-1 year and six months: The defendant has been sentenced to a suspended sentence 3 years of imprisonment with prison labor for an act of violence in 1999, 23 times of fine due to drinking driving and excessive drinking practice after being sentenced to imprisonment with prison labor for 1999, 20-3 years of a suspended sentence, 20-3 times of a suspended sentence of imprisonment with prison labor for an act of violence in 200.

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