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(영문) 서울북부지방법원 2018.11.22 2018고단3829
업무방해
Text

The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2018, at around 16:50 on June 20, 2018, the Defendant expressed, without any particular reason, to the employees of the restaurant, “Chewing arche A. E. E. E. E. E.” in the name of “E.” operated by the victim D (V. 59 years of age) on the Dobong-gu Seoul Metropolitan Government and 1st floor, and the victim changed to the Defendant.

The defective victim also takes a prudent bath, and continue to have customers enjoy “Chewing filch, bitch bitch bitch,” and Chewing.

“A noise” has been avoided for about 10 minutes due to sound, etc.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

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. The specific details and extent of the crime of interference with the duties committed by the Defendant, and the degree of damage inflicted on the victim, the nature of the crime is not easy if considered.

Moreover, even though the defendant had already been subject to criminal punishment several times for the same crime, he/she is likely to infusing the crime of this case again.

On the other hand, the defendant seems to have recognized the crime of this case and expressed his intention that the injured person does not want the punishment of the defendant by unanimous agreement with the victim.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as per the order.

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