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(영문) 광주지방법원 2019.08.22 2019고단2075
업무방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On May 21, 2019, at around 21:00, the Defendant interfered with the business, at the D party club operated by the victim C in Yangyang-gun, Yangyang-gun, the Defendant made the customers, who had a flashed tool out of the outside, by avoiding a 5-minute small amount of disturbance, such as the flashing of sound and the flashing of the table with a watched hole, and the flading of the flashing hole, without any justifiable reason.

Accordingly, the defendant interfered with the victim's party funeral business by force.

2. At around 21:30 on May 21, 2019, the Defendant suffered special injury: (a) at the “F” drinking house located in Nanyang-gun E, Nanyang-gun, the victim called “F” on the ground that the victim G calls to the Defendant and calls to avoid disturbance at the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the term, and called “prising the victim,” and called “prising the victim,” and (b) at the same time, the victim’s clothes were knifeed with the victim’s disease, which is a dangerous object, and led the victim to a part of the back (7cm length) requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, C, and H;

1. Application of statutes on site photographs and diagnostic certificates;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing in Article 62-2 of the Criminal Act, the crime of special injury among the crimes in this case committed on the ground of the sentencing of Article 62-2 of the Act on Probation and Order to Attend shall be highly poor since the victim's clothes are inflicted an injury on a shoulderer in spite of having

However, there is no record of punishment exceeding the fine, and after the crime, the fact that the mistake is recognized and reflected, the degree of injury of the victim is not much severe, the victims and the victims have agreed smoothly, and there is no record of punishment exceeding the fine.

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