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(영문) 의정부지방법원 2017.10.24 2017고단2725
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 June 1, 2017, the Defendant interfered with the victim’s restaurant business operation by avoiding disturbances, by having the customers, who were eating in the restaurant, throw away away from around 30 minutes, by force of approximately 30 minutes, such as, within the “D frequency cluster,” operated by the victim C, which is located in Gui-si B, without any justifiable reason, booming the floor by pushing the boom and booms on the table, and booming them with a large voice, without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification, etc. of arrest and detention;

1. Application of Acts and subordinate statutes governing the scene of damage;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order of community service, have reached six times of violence, and the Defendant had been convicted of suspension of execution, and even if he was sentenced to a fine of three million won due to the obstruction of business affairs in 2016, repeated interference with the instant business.

In addition, there are unfavorable circumstances such as taking a bath to the police officer dispatched after receiving a report at the time of the instant case.

However, the punishment shall be determined in consideration of the fact that the defendant reflects the crime of this case.

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