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(영문) 의정부지방법원 2016.11.29 2016고단4461
업무방해
Text

A defendant shall be punished by imprisonment for four months.

except that 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

At around 20:00 on August 30, 2016, the Defendant interfered with the victim’s business by force for about two hours, such as prohibiting customers who had entered the scene from entering the scene, such as making the display stand, making a large sound, and taking a bath, on the ground that the victim was engaged in the business of carrying containers illegally in front of the Defendant’s outer apartment building in front of the Defendant’s outer apartment building.

Summary of Evidence

1. Defendant's legal statement;

1. Application of D’s written statements [Scope of Recommendation] Obstruction of Business Affairs : (a) the mitigation area (1 to 8 months) [Special Mitigation] : The sentence is not imposed : (b) the circumstances favorable to the public that have the history of being subject to criminal punishment five times due to violent crime: The confession and reflect of the instant crime; (c) the Defendant committed the instant crime under the influence of alcohol; (d) the victim has agreed with the victim and the victim does not want criminal punishment; (e) the process of the crime; and (e) other reasons: the Defendant’s age, character and conduct, intelligence and environment; (e) motive, means and consequence of the crime; and (e) the sentencing factors stipulated in the subparagraphs of Article 51 of the Criminal Act, such as the situation after the crime, etc.

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