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(영문) 서울남부지방법원 2017.01.17 2016고단3913
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2016, around 23:00, the Defendant interfered with the victim’s main store business by force by avoiding disturbance for about 30 minutes, such as the victim C (n, 49 years of age) in Gangseo-gu Seoul Metropolitan Government (n, 8 years of age)’s drinking, and the Defendant’s entry into a drinking house, and the Defendant, without any special reason, exceeded the flading, cut off the flad, cut off the flad, cut off the flad, cut off the flad,

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall interfere with the affairs of the recommendation [the scope of the recommended punishment], and the area of mitigation (one month to eight months) [the person subject to special mitigation] shall not be punished (including the person subject to serious efforts to recover damage);

2. On November 28, 2014, the Defendant was sentenced to two years of the suspended sentence on December 6, 2014 due to the crime of interference with business and injury in the Youngcheon District Court’s Yeongdeungpo Branch’s branch branch, which became final and conclusive on December 6, 2014. The Defendant committed the instant crime of the same kind during the said suspended sentence (Provided, That the period of suspended sentence has expired, but the Defendant had been sentenced to three times of suspended sentence and three times of fines, including the aforementioned suspended sentence, and there are records of past punishment against the Defendant.

However, the fact that the defendant repents and reflects the defendant's mistake, the damage recovery is not performed, but the victim does not want punishment, etc. shall be considered as favorable circumstances, and the defendant's age, sex, motive, means and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions specified in the records of this case and the theory of change shall be determined as ordered by considering the following factors.

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