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(영문) 서울북부지방법원 2016.02.19 2015고단4538
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 30, 2015, around 04:40 on September 30, 2015, the Defendant: (a) entered the D convenience store located in Seongbuk-gu Seoul Metropolitan Government, and purchased cans from the victim E, who is an employee, one caner, and again purchased one cigarette and requested the victim to calculate the amount without calculating the amount of tobacco.

“I”, “Irriage”

Along to about 20 minutes of disturbance, such as this Chewing gue, mashing, and threatening, the business of convenience stores was obstructed by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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 suspended execution;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and the sentencing [the scope of the recommended punishment] is the mitigated area (one month to eight months) (one month) [special mitigated persons] the degree of power, deceptive scheme, or the degree of interference with business, or where the degree of interference is insignificant (the decision of sentence] the defendant's health status (proof of alcohol), family relation (support for the elderly aged 80, dementia patients), living environment (unborn, recipients of basic living), etc., the punishment as set forth in the order shall be determined.

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