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(영문) 수원지방법원 성남지원 2014.08.29 2014고단1381
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 18, 2014, the Defendant, at around 18:30, obstructed the victim’s restaurant business by force for approximately 30 minutes, such as drinking around 10 customers, in a restaurant operated by the victim C in Gwangju City, despite the existence of about 10 customers, the Defendant expressed a large voice without any reason, such as “the same bit of bitch bitch bitch,” and returned to the restaurant, and opened the table of the above restaurant, and interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant committed the instant crime even though he/she had the record of multiple punishment due to interference with his/her duties, etc., but it is not good that the Defendant committed the instant crime. However, considering the fact that the Defendant’s mistake is divided, the Defendant’s age, character and conduct, and circumstances after the commission of the instant crime, and all of the conditions of sentencing specified in the records and arguments, such as the circumstances after the commission of the crime, the probation of the

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