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(영문) 부산지방법원 2017.11.29 2017고단5045
업무방해
Text

A defendant shall be punished by imprisonment for four 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

The Defendant, at around 02:50 on August 19, 2017, while drinking alcohol in the “D’s operation” of the Victim C located in the Busan East-gu, Busan-gu, would not pay the defective money by calculating the time to complete the business and returning home.

In addition, even though the victim spits the victim's face and spits the victim's spit, "hyp, dyp, hyp, hyp., hyp. hyp." while the victim spits the victim's spit, and spits the victim's face, the victim spits the victim's spit, and spits the victim's hyp. hyp.", the victim spits the victim's spit, hyp.

The victim interfered with the main business of the victim by force, such as spitation of spits, etc. against the victim at a level of about 10 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] interference with the affairs of Article 62 (1) of the Criminal Act, considering the following factors: (i) the mitigation area (one month to eight months); (ii) the mitigation area (including a person specially mitigated person); (iii) the non-existence of punishment (including a serious effort to recover damage); and (iv) the non-existence of punishment (including a decision of sentence); and

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