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(영문) 인천지방법원 2013.09.04 2013고단3602
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From June 4, 2013 to 00:05 on the following day from June 23:20 to 00:05, the Defendant: (a) as the Dju store operated by the victim C in Nam-gu Incheon Metropolitan City, the Defendant saw a large voice of the victim so that the victim would disregard himself, the Defendant left the customers by avoiding a disturbance for about 40 minutes, including E, for approximately 40 minutes, such as “Woo-top, a pair-top, flap,” and “Woo-top,” and “Woo-top,” the Defendant sawd three customers, including E, who had been at that place.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The fact that the defendant committed the instant crime again despite the fact that the reason for sentencing under Article 62-2 of the Probation Criminal Act had the past record of the suspension of the execution of imprisonment or a fine, and that the victim did not recover from damage is disadvantageous.

However, a suspended sentence of imprisonment is imposed on the condition of probation, taking into account all the sentencing conditions, such as the defendant's age, environment, and health conditions, where the defendant has led to any contingent crime under the confession of the crime in this case and somewhat drinking (no such circumstance is visible as mental or physical disorder or mental disorder).

It is so decided as per Disposition for the above reasons.

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