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(영문) 수원지방법원 안산지원 2016.03.30 2015고단4075
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, from around 06:30 on December 11, 2015 to around 07:30 on the same day, is drunk in “A” restaurant, and without any reason, to the victim D, an employee, “I will am in singing.”

“Irre a sound,” and “Irre a year, Irre ae, Irre a year, Irre ae., Irre a customer.”

The Act interfered with the restaurant business managed by the said injured party for about one hour by force by preventing customers from having access, such as putting him/her off, and avoiding disturbance.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on investigation;

1. Written statement of the draft [The defendant and his defense counsel asserted that they have no memory under the influence of alcohol, but in light of the victim D's specific statement of damage, etc., the defendant can be recognized as having obstructed the victim's business as stated in its reasoning, so the defendant's assertion of the defendant

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act does not include the same criminal records and three times, but considering the fact that the defendant generally recognizes the crimes and reflects the fact that the defendant, and that the defendant has no record of punishment exceeding the fine);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and the observation of protection;

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