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(영문) 수원지방법원 2020.06.18 2020고단1529
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 29, 2020, from around 02:40 to 02:52 of the same day, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as passing the disturbance, such as going through the victim who was in the main room with the speaker and the table, going through the string, going through the string of the chair and the table, and talking with the victim who was in the main room.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing field photographs, images and photographs of each written statement D and C;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on probation and community service order is committed by the Defendant, under the influence of alcohol in a restaurant at the new wall time, walking with his will and/her tables, and sound in the state of being in a critical condition. The Defendant’s crime committed not only interfered with the victim’s restaurant business, but also seems to have caused considerable fear of fear of the victim, and the Defendant’s liability for the crime is not easy.

Moreover, the defendant has a record of criminal punishment for the same kind of crime and the same type of crime.

These points are disadvantageous to the defendant.

On the other hand, however, the defendant recognized his mistake and expressed his attitude against him.

In addition, it seems that the scale of damage is not very significant, and at the investigation stage, the owner of the business does not want to punish the defendant at the present time by agreement with the owner of the damaged restaurant.

Such circumstances shall be considered as favorable to the defendant and comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, environment, and circumstances after the crime, as ordered.

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