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(영문) 광주지방법원 순천지원 2016.03.22 2015고단1755
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 August 22, 2015, from around 03:00 to around 03:20 of the same day, the Defendant interfered with the victim’s convenience store business by force by force, such as: (a) the victim E (29) who is an employee, expressed a large voice that the Defendant prevented him from smoking within the convenience store; (b) the Defendant, within the victim E (29) from smoking point; and (c) the Defendant, an employee, expressed a large voice of “Chewing singing, singinginging, singinging, and preventing customers from entering the sprinking; and (d) the Defendant obstructed the victim’s convenience store business by force.

2. The Defendant assaulted the victim, on the same date, at the same time and at the same place, by taking the victim’s breath as above on three occasions, by scaming the part of the victim’s neck, and by taking one time into account the victim’s right hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of victims;

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 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Social Service Order Act, the first type of crime [the scope of recommendation] [the scope of recommendation] basic area / [the scope of recommendation] six months to one year, and six months / [the case of special sentencing / Where the degree of violence is minor / [the scope of recommendation area] mitigation area / [the case of recommendation area] reduction area / one month to eight months [the scope of recommendation area] reduction area / The result of multiple crimes (the final punishment range 1/2 of the upper limit of the second crime : the result of multiple crimes : June to 10 [the sentence] 6 months, six months, suspension of execution 2 years, Defendant again committed the crime of this case even though multiple violent crimes were committed, the victim and the victim did not reach an agreement at a disadvantage.

However, the defendant confessions and reflects the crime of this case, and assaults.

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