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(영문) 청주지방법원 2017.07.20 2016고단2970
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 becomes final and conclusive.

Reasons

Punishment of the crime

On 30, 01:25 on 30, 2016, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance for about five minutes, such as: (a) in the D restaurant operated by the victim C, which is located in the Cheongju City, that the victim was rejected after the victim called “influence or opening,” and that “influence or opening,” the victim was rejected; (b) the sea station, beer, and beer’s disease, etc. were put on the wall inside the restaurant; and (c) the Defendant interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Reporting on the arrest of a case;

1. Application of statutes on site photographs;

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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The same kind of violence, violation of the Punishment of Violences, etc. Act, obstruction of or damage to duties, obstruction of the performance of public duties, special assault, etc., and eight times before and after violence, such as the order to attend a lecture or order to attend a community service

o. Sentencing elements are not agreed upon. There is no previous conviction. Recognizing errors and reflects on the sentencing conditions in Article 51 of the Criminal Act, the sentence is set as ordered by considering the following factors:

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