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(영문) 서울남부지방법원 2016.07.15 2016고단1980
업무방해등
Text

A defendant shall be punished by imprisonment for four 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

On April 16, 2016, the Defendant, while under the influence of alcohol around 08:18, entered the “D” operated by the victim B of Gangseo-gu Seoul Metropolitan Government B 2nd floor in Gangseo-gu, Seoul, and did not receive a customer by face-to-face talking to the effect that the injured party was able to see his/her happiness at the said business establishment, and that he/she was frightd with his/her happiness at the said business establishment. However, even though the victim’s horses, the Defendant did not hear the victim’s horses, and was unable to enter the said business establishment for about 15 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of C, F and G;

1. Application of video photographs, CD-related Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with the affairs of the Commission [the person subject to special sentencing]: The mitigated elements of the punishment [the area of recommendation and the scope of the recommended punishment], the mitigated areas of the punishment, January to August (the person subject to general sentencing], the mitigated elements of the imprisonment: The remote reflect.

3. Grounds for a stay of execution [main reasons for consideration] positive: Non-taxation of punishment (general consideration] positive: Serious reflection, absence of criminal records for a stay of execution or heavier punishment.

4. The accused who has previously been sentenced to a fine on several occasions by committing violent crimes, obstructing the performance of duties, etc.

However, the execution of imprisonment is to consider the fact that the defendant's mistake is recognized, that he was a teacher for about 17 years prior to, and that he did not have any criminal record more than the suspension of execution, that he did not have any criminal record prior to the suspension of execution, and that he did not have any criminal record in the records and changes theory.

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