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(영문) 의정부지방법원 2019.09.04 2019고단2391
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on June 9, 2019, the Defendant took a bath to the Defendant on the ground that he did not sell alcohol to the Defendant at the main point of “D” operated by the victim C, which is located under B, at the time of the Government-based 04:00, on the ground that he did not sell alcohol to the Defendant, and the Defendant interfered with the Defendant’s bar business by force for about 25 minutes by having the customer take the disturbance, such as passing through sound, go through the said main point.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on site photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing according to the sentencing guidelines of the Supreme Court) [the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommending punishment according to the sentencing guidelines], the area of mitigation (influence of business), the area of mitigation (influence of punishment, January-8) [the decision of sentencing] [the decision of sentence] committed the instant crime again even though

However, it is advantageous to the fact that the defendant is recognized as committing the crime and that the defendant has not been punished for the defendant by agreement with the victim.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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