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(영문) 수원지방법원 평택지원 2016.08.25 2016고단938
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2016, from around 19:00 to 20:00 of the same day, the Defendant: (a) at the main point operated by the Victim C (44 years) in Gyeonggi-si B, the Defendant: (b) provided a bath to customers who are unable to know who had a name of drinking alcohol on other tables without any reason while drinking mixed alcoholic beverages; (c) provided a bath to the customers who are unable to know of the name of drinking alcohol on other tables; and (d) provided a bath to the victim who prevented him/her at a large interest; and (e) provided a bath to the other customers, and (e) prevented them from entering the place.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of C’s written laws and regulations

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. Determination on the observation of protection and application of sentencing guidelines under Article 62-2 of the Criminal Act of the community service order: The scope of recommended sentencing guidelines for the reasons of sentencing under Article 62-2 of the same Act: consideration of all the general circumstances, including the fact that there are many records of punishment for the same type of crime in the basic area (in June to June).

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