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(영문) 서울서부지방법원 2018.08.22 2018고단2271
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 27, 2018, from around 00:05 to around 00:35, the Defendant expressed that “D” restaurant operated by the victim C in Yongsan-gu Seoul Metropolitan Government is “D,” for the reason that the victim would be able to treat himself/herself as a senior citizen, and thereby interfere with the victim’s restaurant business by force by avoiding the disturbance between about 30 minutes, such as “a singing year, singing year, singinging year, and singled year, sing down, and cutting down.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes in writing C;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: A favorable circumstance in which the defendant could have been able to commit the instant crime even if he/she had the record of the same or similar crime: The defendant led to the instant crime; the victim expressed his/her intent not to punish the defendant upon agreement with the victim; and all other circumstances, including the defendant's age, sexual behavior, career, home environment, motive of the crime, and circumstances after the crime, etc., taking into account all the factors that form the conditions for sentencing specified in the instant argument

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