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(영문) 의정부지방법원 2017.07.14 2017고단2027
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 27, 2017, the Defendant: (a) obstructed the victim’s restaurant business by force for about 20 minutes, including: (b) in the E restaurant operated by the victim D in Namyang-si, Namyang-si, the Defendant 21:25, without any justifiable reason, went to the beer and beer at the beer while under the influence of alcohol; and (c) in the event that he gets involved in the disturbance, he gets involved in the disturbance, and gets out of the public.

2. The Defendant, at the time, at the place specified in the “1” paragraph, destroyed the property that could not be identified in the market price on the victim’s ownership by selling a refund lab installed on the uppermost of the 4 table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The scope of the final sentence according to the mitigation area (one month to six months), the mitigation area (one month), the mitigation area (one month and eight months), the reduction area (the scope of recommendation), the general criteria for the first type of crimes (damage, etc.) and the mitigation area (one month and six months), the mitigation area (the scope of recommendation), the mitigation area (one month and six months), the special mitigation person), the mitigation area (the special mitigation person), the mitigation area: One month to one month [the decision of sentencing] one month [the defendant] has already been punished for multiple violence-related crimes, and again commits each of the crimes of this case, despite the fact that the defendant had been punished for several violence-related crimes, the defendant's liability is not easy. However, the defendant's confession of the crime of this case, the victim and the victim do not want the punishment of the defendant, the records of the crime of this case, the circumstances leading to the occurrence of the crime of this case, the motive and motive of the crime of this case, etc.

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