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(영문) 수원지방법원 2020.02.13 2019고단5831
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 29, 2019, from around 21:40 to 22:20 the same day, the Defendant interfered with the victim’s operation of the party room by force over about 40 minutes of the disturbance, such as: (a) the victim Da party operated by the victim C in Suwon-gu, Suwon-si; (b) the victim Do party, stating that “the victim is under influence of alcohol; and (c) the victim said that “I am under influence of alcohol,” and dusted on the party platform and the floor of the coffee; (d) the Defendant sawd the victim with the large voice that “I am dead” while dusting the coffee on the coffee floor; and (e) putting the customers who were in the party room with the noise of “I am dead.” (e) the victim’s operation of the party room.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act has the record of having been subject to punishment several times of the same crime, the defendant's recognition of the crime of this case is against himself, the victim is not subject to punishment against the defendant, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be determined as ordered in consideration of all the sentencing factors.

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