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Reasons
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(영문) 수원지방법원 성남지원 2014.08.21 2014고단1528
업무방해등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. On May 20, 2014, at around 19:30 on May 20, 2014, the Defendant obstructed the Defendant’s main business operation of the Victim C, i.e., Seongbuk-gu, Sungnam-si, and on the ground that the victim had performed a frighting work for the Defendant’s women’s fright, the Defendant obstructed the Defendant’s main business operation by forcing the victim to “a singly and singly close this house.” On the other hand, the Defendant, who was a customer who was next to the Defendant, stated that “I are too not a customer,” and the Defendant, “I will not go too.”

2. On May 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) cited the kitchen knife (1), which is a dangerous article in the Defendant’s house (38 years of age), in which the victim E (the age of 38) did not cover the part of his/her flife in which he/she gets her boom, and found the kitchen knife (32 cm in length, about 20 cm in length, about 20 cm in length), and threatened the victim who flife alcohol, with the kitchen knife, and the victim’s kitchen knife in his/her eye knife in his/her eye knife at the male floor.”

3. The Defendant assaulted the victim by putting the victim E head debt at the time and place specified in paragraph 2 and 2 times by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports, kitchen photographs and photographs;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for a crime, Article 314 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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