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(영문) 광주지방법원 2016.08.10 2016고단1586
업무방해등
Text

The punishment against the accused shall be determined by six months of imprisonment and a fine of six hundred thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. On March 4, 2016, the Defendant: (a) from around 22:50 to around 00:25 on the following day, the victim C’s main point of “D” operated by Gwangju Mine-gu; (b) while the Defendant was making a ditch on the ground that he did not pay the pre-paid liquor to his female, the Defendant shall make a decision to grant all the pre-paid values.

B. “I cannot bre off,” and the customers in the above main place were forced to be able to undergo disturbance, such as raising trial expenses, etc., and the customers in the above head office got out of, thereby obstructing women’s main business by force.

2. No person who violates the Punishment of Minor Offenses Act shall, while under the influence of alcohol, carry in rough words or conducts by rough words or conducts at a government office;

On March 5, 2016, around 00:30, the Defendant arrested a flagrant offender in relation to paragraph (1) and was subject to an investigation within the Masan District of the Gwangju Mine Police Station located in 106 Doo-ro 3, Gwangju Mine-ro, Gwangju, the Defendant dumpeddddd the disturbance, such as “one hundred years” while under the influence of alcohol, and dumped by very rough words and behavior at the government offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (to listen to the opposite telephone of customers);

1. Application of Acts and subordinate statutes to the main sentence;

1. Relevant Article of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment, Selection of Punishment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance in official books, the point of disturbance of cancellation of punishment, the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment on the sentencing guidelines [the type of interference with the business of the judgment] [the determination of the area of recommendation] interference with the business, the basic field of interference [the scope of the recommended punishment] from six months to one year and six months.

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