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(영문) 인천지방법원 2018.11.29 2018고단6413
업무방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. From Jun. 11, 2018 to Jun. 21, 2018, the Defendant who interfered with his/her duties does not take a d restaurant operated by the victim C in Michuhol-gu Incheon Metropolitan City from Jun. 21, 2018 to Jun. 21:40 on the same day, for other customers who were drinking by the next while drinking in the D restaurant operated by the victim C.

It interfered with the victim's restaurant business by force over about 20 minutes, such as opening, chewinging, and passing large sounds.

2. Around June 11, 2018, the Defendant assaulted the victim by: (a) the victim E (52) who was a customer of the said D cafeteria prior to the entrance of the said D cafeteria, sent the Defendant’s disturbance to the outside of the said cafeteria on the grounds that the victim’s disturbance was prevented; and (b) the victim was exposed to the victim’s face suitable for display.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260 of the Criminal Act, the choice of imprisonment for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. When considering the accumulated records, tendency, and motive of the principal violence which has been repeated for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, the punishment of a fine is specified, but it is difficult to take the effect of improvement;

shall be deemed to have been.

Provided, That the degree of exercise of tangible power, the suppression of recidivism, the side effects of detention, and the treatment in a prudent society shall be taken.

The punishment of five months shall be determined within the scope of the recommended punishment, but the execution of the punishment shall be suspended for a period of one year on condition of protection and observation for the prevention of recidivism.

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