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(영문) 광주지방법원목포지원 2020.08.11 2019고단1431
업무방해
Text

A defendant shall be punished by imprisonment for six 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

Around 02:40 on November 10, 2019, the Defendant ordered “C” restaurant located in B, and 19:2:40, the Defendant repeated the Defendant’s desire to engage in a mixed-level manner to customers under the name of the Defendant, who are seated after the Defendant himself/herself, such as “hinging,” and “hinging,” and her sound. At that time, the Defendant continued to engage in a cafeteria by making the said customers talk with the said customers from around 03:30 on the same day.

Accordingly, the Defendant interfered with D’s restaurant business for about 50 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of receipts, police evidence photographs, investigation reports (only with respect to the attachment of CCTV images), CCTV storage CDs, or CCTV images to capture photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special sentencing person]: Where the degree of power and deceptive scheme or the degree of interference with the affairs is minor, the commissioner of the punishment (including the recommended area and the scope of the recommended punishment] special mitigation area, imprisonment with prison labor for one month to eight months;

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (including sentencing factors, such as the criminal records, ages, character and conduct, environment, etc. of the defendant as well as the sentencing factors);

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