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(영문) 광주지방법원 2017.05.31 2017고단1605
업무방해
Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

On March 15, 2017, at around 04:50 on March 15, 2017, the Defendant, while smoking tobacco at the D convenience store for the operation of the Victim C (66) located in Seo-gu, Seo-gu, Gwangju, he saw the waste b to be out of the damaged who was under the resistance to “acting tobacco” from the damaged person while smoking tobacco, and then laid off the door in front of the entrance, and then rein the door into the door.

“A person who has taken a bath with a large sound and walked with a display stand.” The person who has taken a walk with a display stand.

He saw 40 minutes, such as gathering from customers who intend to enter the place, etc., he saw him about 40 minutes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of statutes on field photographs;

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

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. Scope of the recommended punishment on the sentencing guidelines [the types of decisions] interference with the business of interfering with a crime, the area of reduction [the area of recommendation], the area of mitigation [the scope of the recommended punishment] shall not exceed eight months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), the form and degree of interference with business, the records of punishment for interference with business, and other records of punishment for violent crimes, etc. even before the crime of this case have been committed, the mental illness suffering by the defendant has a potential to function as one of the causes causing the crime of this case, the victim has agreed to commit the crime of this case, the confession of the crime, the misunderstanding has been divided, and all kinds of sentencing conditions shown in the arguments of this case, such as the defendant's age, sex behavior, environment, circumstances after the crime of this case, etc., shall be determined as ordered.

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