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(영문) 의정부지방법원 2019.06.20 2019고단1358
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2019, from around 00:50 to 01:39 on the same day, the Defendant interfered with the victim’s singing-making business by force of 50 minutes by avoiding disturbance, such as spiting, spiting, etc., the victim who had been trying to refrain from drinking value by other customers in order to calculate the drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of parts of the body of victims, and damaged wall decorations photographs;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act (including this case, a large number of the past criminal records of the accused have taken place in the state of taking measures, and it is recognized that the accused needs to receive medical treatment due to alcohol dependence);

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to six months and up to one year and six months (the scope of recommendations) and the basic area (up to six months and one year and six months) (up to one year and six months).

3. Determination of sentence: The same sentence as the sentence shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as imprisonment for six months, probation, probation, the circumstances under the medical treatment order as well as the age, occupation, character and conduct, family relationship of the accused and circumstances before and after the crime;

Unfavorable circumstances: A favorable circumstance that the defendant has many criminal records, including a large number of criminal records: The fact that the defendant led to the crime of this case.

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