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(영문) 춘천지방법원 2018.10.04 2018고단656
업무방해
Text

A defendant shall be punished by imprisonment for 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

The defendant is between C and husband.

On May 10, 2018, the Defendant 1:40 around 21:40, the Defendant, while drinking alcohol with C in a “F” restaurant operated by the victim E (n, 39 years of age) in Chuncheon City, had the victim E (n, the Defendant 39 years of age), and the Defendant her fightd with C while drinking alcohol with C on the floor. The Defendant was able to avoid a disturbance, such as gathering a small-beer’s disease on the tables on the floor, cutting the small-beer’s disease on the floor, cutting the table, cutting the stick, etc. on the floor.

Accordingly, the Defendant conspiredd with C to interfere with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing filing of a complaint, list of reports 112, on-site photographs;

1. Article 314 of the Criminal Act applicable to the facts constituting an offense and Articles 314 (1) and 30 of the Criminal Act that choose a penalty;

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

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order shows the defendant's attitude that he/she seems to reflect on his/her criminal act, etc., which are favorable to the defendant.

However, the Defendant has been punished by a fine on several occasions as an act of violence, and the Defendant committed a crime with the obstruction of business in 2015, which was punished by a fine for the obstruction of official duties in 2016, and even if there were the records of the crime, the Defendant left the crime in this case and did not agree with the victim, etc. are disadvantageous to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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