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(영문) 서울북부지방법원 2017.11.13 2017고단2268
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 2, 2017, from around 13:00 to around 16:38, the Defendant continued to drink alcohol at 30 to 40 minutes, and continued to enter the restaurant for “the victim C (n, 55 years of age)” in Gangnam-gu Seoul Metropolitan Government, on the ground that “the victim does not drink”, “the victim’s flusium equal to the flusium, the flusium, and the flusium,” and “the flusium, the flusium, the flusium, the flusium, the flusium, the flusium, the flusium, the flusium, the flusium, and the flusium, the flusium, the flusium, the flusium, and the flusium, the flusium, the flusium, and the flusium, the flusium.”

Accordingly, the Defendant interfered with the restaurant business of the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The criteria for sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act in the suspended sentence [the scope of recommendation] of the grounds of sentencing under Article 62(1) of the Criminal Act shall be the same as the disposition, comprehensively taking into account the following conditions of sentencing on the basic area (from June to January, 1) of the sentence, including the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- Recognizing the commission of crimes and reflectiveness that there may be several forces punishable by violence, etc., and that they may not be used by the injured;

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