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(영문) 의정부지방법원 2018.02.07 2017고단3634
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant committed the crime of May 18, 2017: (a) around 22:30 on May 18, 2017, the Defendant interfered with the victim’s main shop operation by force for approximately 30 minutes, on the ground that the victim, who had performed drinking, did not move to another table and return to the other table. (b) the Defendant 2:30 on May 18, 2017, in the instant building, she singing a singing at the said place on the ground that the victim, who had performed drinking, did not move to the other table. (c) The Defendant sing away the garbage bags on the first floor of the said building to the stairs where the garbage bags were unloaded to the said main line.

2. On June 21, 2017, the Defendant: (a) visited the victim D, the main business owner of the instant store, to buy a disturbance, as described in paragraph 1, at around 21:00 around June 21, 2017; (b) broken off the cups and cups on the floor of the drinking branch under the influence of drinking alcohol; and (c) expressed the victim’s desire to read “Ispath, Ispath, Ispath, and Ispath of the same year; and (d) interfere with the victim’s main business operation by force for about one hour.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Application of Acts and subordinate statutes to data on site photographs and on-site photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Any one-month reduction area (a month to 8 months) (a person subject to special mitigation) in the area of mitigation of duties (a person subject to special mitigation) shall not be subject to the punishment of any such person;

2. The scope of final sentence due to the aggravation of multiple offenses: One month to one year; and

3. Determination of sentence: A sentence of imprisonment with prison labor for six months and one-year suspended sentence, including one-year suspended sentence, and the same criminal records and several times, disadvantageous circumstances such as the occurrence of a new crime against the same victim, the agreement with the victim, and the fact that the same crime is not committed again.

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