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(영문) 광주지방법원 2016.01.08 2015고단3805
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 8, 2015, at around 22:00, the Defendant searched screen pictures from the “Dpic room” where the victim C works in Gwangju North-gu, Gwangju-gu, to a computer, and faced with his own will a man’s consciousness on the back seat. On the back, the Defendant was able to sit up and take off the game from the victim E (V, 34 years old), and expressed a bath to the customer E as follows: “I will see, she she she she, she, and she she she she she she she, and she will she walk “I she she, she, and she she she she she she she, she will she she she see, she she she,” and the victim E is going to the victim E.

“In doing so with a large amount of desire, customers who had been playing games were exposed to approximately 30 minutes of disturbance, such as threatening the victim as they were frighted by drinking.”

Accordingly, the defendant threatened the victim E and interfered with the victim C's business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police of the accused and the interrogation of the suspect by the prosecution;

1. Statement made by the police against C;

1. Investigation reports and investigation reports (related to the verification of on-site CCTV video data);

1. A written statement of C and E;

1. Application of Acts and subordinate statutes on site photographs and CCTV images;

1. Article 283 (1) and Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has led to his/her offense, committed a mistake, and divided his/her errors, and that the degree of interference with duties and intimidation is not serious);

1. The sentencing guidelines are recommended in accordance with the sentencing guidelines, for the reasons above Article 62-2 of the Criminal Act (it is difficult to eliminate the fear of re-offending due to the lack of awareness of improvement, such as drinking and attending the trial on the trial date, etc., even though the defendant had a previous conviction of the same kind of fine at several times).

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