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(영문) 수원지방법원 2018.05.11 2017고단8296
업무방해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on December 10, 2017, the Defendant: “D” main points operated by the Victim C in Suwon-si B, Suwon-si, Suwon-si, and obstructed the victim’s main main business affairs by force by putting the horses on the floor of the victim’s hand to the end that “the victim’s right should be closed at the time of 2:0,00, and only if so, the victim’s right can only be closed.” On the other hand, the Defendant took a bath on the part of the victim’s left side at one time, and then, the Defendant interfered with the victim’s main business affairs by force by putting off the tables that the Defendant was seated in the future and separating all covered parts of the lower end.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on site photographs;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as “ favorable circumstances”) are as follows: (a) the sentence is to be imposed in full view of all the sentencing conditions indicated in the instant case, including the following circumstances and the Defendant’s age, sex, environment, the background and consequence of the instant crime; and (b) the circumstances after the instant crime.

favorable circumstances: The time of crimes, the degree of damage is not severe, and the victim does not want the punishment: The fact that there is a number of records of punishment for the same kind of crime.

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