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(영문) 청주지방법원 2017.02.16 2016고단2807
업무방해
Text

A defendant shall be punished by imprisonment for four 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

At around 12:10 on July 28, 2016, the Defendant: (a) ordered at the restaurant operated by the victim D, which is located in C, and (b) took the influence of alcohol while waiting for food, the Defendant took a bath to the next customers in a large amount without any justifiable reason; (c) spokeed down the box with the salt; (d) spoking the box to the customers; and (e) let the customers go back without completing the meal; and (e) interfered with the victim’s restaurant business by force, such as having the customers return to the restaurant without completing the meal.

Summary of Evidence

1. Statement by the defendant in court;

1. One protocol of police statements made by the police against D, one investigation report (Binding of photographs on the place of crime), and the application of photographic Acts and subordinate statutes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant may have the same record of criminal acts, and the defendant is sentenced to a suspended sentence of one year and six months on October 15, 2014 to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and committed the instant crime during the suspended sentence: The circumstances favorable to the fact that the defendant committed the instant crime during the suspended sentence: The defendant's age, sex, environment, circumstances, means and results of the crime, and circumstances after the crime are considered, and the victim does not want the punishment of the defendant in agreement with the victim, and the punishment shall be determined as ordered in consideration of all the following conditions of sentencing.

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