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(영문) 광주지방법원 2020.02.06 2019고단3959
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 27, 2019, from around 23:50 to September 01:27, 2019, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance, such as drinking, drinking, etc., in the “D” operated by Gwangju Northern-gu B and the victim C (n, 49 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of CCTV image CDs-related Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant has no record of criminal punishment exceeding a fine, the agreement between the victim and the investigation stage is advantageous, or the defendant committed again the crime of this case even though he was punished three times for the same crime for the last three years, and the defendant appears to have failed to keep the importance of the crime he committed, such as attending the trial in the state of detention, etc., and the execution of imprisonment is suspended on condition of probation for treatment within society, and the sentence is determined as per the order.

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