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(영문) 수원지방법원 2018.01.12 2017고단4026
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 11, 2017, at the E convenience store operated by the victim D in Suwon-si, Suwon-si, the Defendant, on June 11, 2017, provided part-time services at the above convenience store c, without any particular reason.

The F made the disturbance of about 10 minutes, such as referring to ‘Ch' through several times, and marching a large interest, so that customers who had been at the same time get out of the convenience store.

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in F and G preparation;

1. 112 Reporting case handling table;

1. Application of statutes on site photographs;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. The scope of the recommended sentence on the sentencing guidelines set by the Sentencing Committee of the Supreme Court [type] the scope of the sentence that interferes with the business of a crime interfering with the business, the area of mitigation [special mitigation elements] of the punishment is not subject to imprisonment for not more than

2. The Defendant, who already committed the instant crime without any particular reason, is under the influence of criminal punishment such as punishment for the same kind of crime, despite the fact that he/she was under the influence of a certain amount of alcohol, etc., is disadvantageous to the Defendant.

However, considering the favorable circumstances, such as the fact that the defendant recognized his mistake, the degree of interference with business is relatively minor, and the fact that the injured person does not want the punishment against the defendant by agreement with the victim during the investigation process. In addition, comprehensively taking into account the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, duration of the crime, duration of the crime after the crime, circumstances after the crime, etc., the sentence of the same punishment as the disposition is imposed within the scope of the recommended punishment.

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