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(영문) 서울서부지방법원 2017.06.14 2016고단3418
업무방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2016, from around 01:15 to 02:00 of the same day, the Defendant interfered with the victim’s entertainment business by force by preventing the victim from running the ran tavern business for about 45 minutes on the ground that the victim D in Seodaemun-gu Seoul from 01:15 to 02:00 of the same day did not show the Plaintiff’s license for the ran tavern business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of on-site photographs and receipt Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is highly likely to be subject to suspended sentence of imprisonment or a fine for the same crime, and to deny part of the crime until this Court is established. However, the defendant's age, environment, sex, motive for the crime, circumstances after the crime, etc., including the defendant's original agreement, shall be determined by taking into account various sentencing conditions, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances after the crime

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