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(영문) 인천지방법원 2016.11.28 2016고단6936
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 3, 2016, the Defendant: (a) around 22:50 on October 3, 2016, at the “FF for the operation of the Victim E in Gyeyang-gu Incheon, the Defendant: (b) was under the influence of alcohol; (c) was fluencing off the otob in front of the said restaurant; (d) was placed on the restaurant table; and (e) was flucing the victim with sound, i.e., “h, fluor, fluor, fluor, fluor, fluor; (d) was fluencing the victim; (c) was fluencing the plastic table of another customer located therein; and (d) was flucatedd by the victim, she was fluding the horse, with the victim “I wish to die and die,” and (d) was fluencing for about one hour, as the victim was flud.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on field photographs;

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

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

1. To consider the following: The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., and the reason for business obstruction [decision of the type] of business obstruction [the scope of recommending punishment], the basic area [the scope of recommending punishment], six months to one year and six months [the decision of the sentence], the degree of damage to the victim, the criminal records of the defendant, and the victim expressed his/her intent not to want the punishment against the defendant:

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