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(영문) 광주지방법원 2016.09.29 2016고단2690
업무방해
Text

The defendant shall be punished by imprisonment with prison labor for four months, and the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2016, from around 23:50 to June 00:10, 2016, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance and causing customers who were in the country of Gwangju Mine to leave the seat of customers in the state of alcohol and avoiding tobacco. When the Defendant was under the influence of alcohol and was in the state of suffering from the damage, the Defendant took a bath, stating that “I would be subject to a fine for smoking, I would be subject to a fine,” and that “I would be subject to a fine for smoking, I would like to frith, and this frith, I would have to do so,” thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Application of Acts and subordinate statutes of C, E, and written agreements;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] of Article 62-2 of the Act [the scope of punishment] is not less than the mitigated area (one month to eight months) (including a person with special mitigation] of punishment, and not less than the mitigated area (including a serious effort to recover damage).

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