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(영문) 서울북부지방법원 2017.05.31 2017고단1236
업무방해등
Text

A defendant shall be punished by imprisonment for four 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

1. On February 20, 2017, the Defendant: (a) around 00:00, at a restaurant with the trade name of “D” where the victim C (V, 33 years of age) located in Jung-gu Seoul Metropolitan Government (hereinafter “D”), who works as an employee, dump for about 20 minutes by ordering the breabbbbbb and so on to drink the drinking without any particular reason; (b) cutting the music into the table, cutting the bumb and cutting off the bumb in the table; and (c) putting the bum on the floor, putting the bumb in his hand by breaking it over to the bottom.

Accordingly, the Defendant interfered with the victim's management of the restaurant by force.

2. The Defendant assaulted the victim on the aforementioned date, time, and place as seen above, with the victim C(s)’s head head to see him/her as his/her hand, and with the wheels to her face, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs;

1. 112 Notification to a department related to reporting;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 260 (1) of the Criminal Act (the point of violence) and the selection of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines for the crimes of Category 1 (Assaults) [Scope of the recommended punishment] and the scope of the final sentence according to the aggravated punishment for the crimes of Category 1 (Assaults) (Crime of Violences) (Crime of February to October) with no basic area (Crime of Special Sentencings) / [Scope of the recommended punishment] / [Scope of the recommended punishment] under the mitigated area of Category 1 (Obstruction of Duties) with the mitigated area (Crime of January to 8) (including Special Reductions), the mitigated area of the mitigated punishment (including efforts made to recover damage): February to February:

3. An unfavorable circumstance is that a sentence of imprisonment with prison labor for a period of six months and one-year suspended sentence may be imposed for a crime of violence, as a result of interference with the execution of official duties in around 2012, as well as a sentence of one-year suspended sentence.

On the other hand, the defendant.

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