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(영문) 서울북부지방법원 2018.05.03 2018고단768
업무방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 12, 2017, the Defendant 03:30 on February 12, 2017, around D 03:30, at D cafeteria operated by the Victim C located in Jung-gu Seoul Metropolitan Government, the Defendant posted a heavy sound in drinking, and obstructed the victim’s restaurant business by force over about 40 minutes, such as: (a) the Defendant was able to control the Defendant; (b) the damaged person was boomed with the water plate; and (c) the Defendant was boomed with the water plate; and (d) the Defendant was boomed by the police even after the dispatch of the police.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act recognize and reflects the crimes, and the victim does not want the punishment of the defendant, the victim's age, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., shall be determined as ordered by taking into account all the following factors: the defendant's age, sexual conduct, motive and means of the crime, and various conditions of sentencing as shown in the trial process.

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