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(영문) 광주지방법원 목포지원 2019.05.03 2018고단1207
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 29, 2018, from around 22:30 to 22:50, the Defendant: (a) expressed that “Chewing fice,” the Defendant, as a large sound at D main points operated by the victim C in the Gangnam Franchi, was able to play a bath to customers who sing and talk, and (b) caused disturbance over about twenty (20) minutes.

Accordingly, the Defendant interfered with the operation of the victim's main points by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on site photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, even though he/she could have had the same or similar criminal records, has reached the crime of this case, is disadvantageous to the defendant.

However, considering the fact that the defendant has no criminal records exceeding the fine, the victim and the victim have agreed smoothly with the victim, as well as the age, character and conduct of the defendant, family relationship, etc., and all of the sentencing conditions indicated in the arguments and records of this case, the punishment shall be determined as ordered.

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