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(영문) 서울동부지방법원 2017.03.31 2016고단3978
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 14, 2016, at around 01:00, the Defendant sought to be a customer from the main point of "E" operated by the victim D in Gangdong-gu Seoul Metropolitan Government C4, and it was difficult for the Defendant to have avoided a disturbance for about one hour for about 1 hours, such as: (a) having three beer who was on the floor of his women's friendship, or a dispute with his own women's friendship; and (b) having three beer who was on the table, strawing on the floor; and (c) having taken a bath and talk for other customers.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the victim does not want the punishment, the fact that the victim is a contingent crime, and the fact that there is no criminal record or more

1. Protection and observation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Type 1 (Interference with Business) [Special Sentencing] - The elements for mitigation: In the area of mitigation [including serious efforts to recover damage] [the scope of recommendation] mitigation [the scope of recommendation] January-8 [the scope of suspended sentence] mitigation area / The main reasons for suspension of execution / The positive sources of punishment (including serious efforts to recover damage) (including serious reasons for suspension of execution): there are no criminal records of a positive and contingent suspended sentence of imprisonment or more: There are no criminal records of a positive and contingent suspended sentence of imprisonment.

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