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(영문) 대구지방법원 2016.12.09 2016고단4912
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 11, 2016, the Defendant: (a) at the C convenience store located in Busan Metropolitan City B around 20:00, the value of the fluor, and (b) the victim D, who is an employee of the above convenience store, “a fluor bit of bit of bitch.”

E. The expression “at any time and time her desire” interfered with the victim’s convenience store business operations for about 40 minutes by force, such as having customers in the place feel uneasiness and return to the place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (which shall be considered as favorable sentencing conditions among the reasons for sentencing) of the suspended sentence [the scope of punishment under law] one to five years [the determination of a sentence] interference with business] - Where the degree of power and deceptive scheme of mitigation elements or the degree of interference with business is minor, [the scope of the recommendation field] [the scope of suspended sentence] one to eight months / [the suspended sentence] - there is no effort to recover the previous crime and damage (the decision of a sentence] no effort to recover the damage before the suspended sentence for more than twice negative reasons: the defendant committed the crime in this case even though he was subject to multiple criminal punishment, and did not endeavor to recover the damage. The sentence more severe than the fine shall be imposed to the defendant, taking into account the fact that the defendant committed the crime in this case.

However, the punishment shall be determined as ordered in consideration of the conditions of sentencing favorable to the defendant, such as the fact that the degree of power exercised by the defendant was not severe, and that the defendant does not have been punished by the crime of interference with business, and all the conditions of sentencing, such as the age, character and conduct of the defendant and circumstances after

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