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(영문) 의정부지방법원 2018.02.21 2017고단4975
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2017, the Defendant: (a) 09:00 on October 23, 2017, at the “E cafeteria” operated by the victim D, the Defendant, without any justifiable reason, went out of the said restaurant upon receiving a request for returning from a police officer dispatched after receiving a report by going to go home and went out of the said restaurant.

The Defendant continued to drink the ordered alcoholic beverages by customers entering the above restaurant, and requested customers to request tobacco to make a bath and to avoid a disturbance.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The details of notification to the department related to the report of the case 112 and the application of each of the Acts and subordinate statutes stated in the investigation report (victim monetary report);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) is [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] imprisonment with prison labor for not more than five years [the person who is subject to special sentencing]: Suspension of punishment [the scope of applicable sentences]: Imprisonment with prison labor for not more than eight months (the decision of sentencing] for six months, the defendant for one year of suspended sentence was sentenced to a fine of one million won for interference with business at the Jung-gu District Court on April 30, 2014 (the High Court Decision 204) and August 16, 2017, after being sentenced to a fine of two million won for the same crime (the first sentence of 2017Dadan742) by the Prosecutor's appeal (the appellate court).

Therefore, the defendant will be sentenced to imprisonment.

However, it is against the defendant's confession of the crime, and the defendant is detained in prison for 20 days in this case, and has the time of accommodation, and the victim does not want to be punished.

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