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(영문) 부산지방법원 2016.08.24 2016고단3469
업무방해
Text

A defendant shall be punished by imprisonment for 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

From around 00:50 on June 8, 2016 to 02:25, the Defendant was seated in the packaging package run by the victim C (V, 70 years of age) located in Busan Jin-gu, Busan, and expressed to the customer “I am feasia,” and made the customer feel uneasible, and obstructed the victim’s packing horse business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes of the investigative report (No. 2 list of evidence);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order protection observation and instruction;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall interfere with the affairs of the recommendation [the scope of the recommended punishment], and the area of mitigation (one month to eight months) [the person subject to special mitigation] shall not be punished (including the person subject to serious efforts to recover damage);

2. The sentence of the same punishment as the sentence shall be imposed in consideration of the circumstances, such as the fact that the defendant has a majority of criminal convictions, the nature of the crime is not good, but has reached an agreement with the victim, and his mistake has been recognized and has been pened in depth;

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