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(영문) 창원지방법원 진주지원 2019.07.10 2019고단144
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 22, 2019 to 23:20 on January 22, 2019, obstructed the victim’s drinking business by force by force, such as “D,” operated by the victim C on the second floor of Sacheon-si B building B, “Chewing feass”, “Chewing feass, sound, and talking customers, preventing customers from singing, and allowing customers to go out of singing.

At around 19:55 on February 27, 2019, Defendant 2019, “F” in Sacheon-si, with the victim G(43 years of age) on the ground that the victim said that he/she was “the victim,” while drinking alcohol with the victim G, etc., he/she saw him/herself as “the victim,” and assaulted the victim’s head by putting him/her on his/her hand, who is a dangerous object on the table.

Summary of Evidence

"2019 Highest 144"

1. Defendant's legal statement;

1. Statement to C by the police;

1. "Investigation Report (as to the attachment, etc. of the 112 Report List)" 2019 Highest 472;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article 314(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (a point of interference with business), the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class I crime (Type 1) (Interference with duties) and the area of reduction (type 1) and imprisonment with labor for one month to eight months;

(b) Second crime (Type 6) (Special Violence)

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for two months to one year and six months;

2. Determination of sentence - Determination of sentence - Punishments, despite having been punished several times for the same crime, and in agreement with the victims.

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