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(영문) 인천지방법원 2015.07.01 2014고단9500
업무방해
Text

A defendant shall be punished by imprisonment for four 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 December 13, 2014, at around 20:0, the Defendant: (a) stated the victim D (n, 35 years old)’s main point in the operation of the Namdong-gu Incheon Metropolitan City, “E” on the ground that the victim does not do so more; and (b) stated the victim’s her bath that “The victim’s main operation of the victim’s main store by force for about 30 minutes, by putting about a 30-minute of the victim’s failure, i.e., spreading down on the floor of the opening area, hump, the head of the Dong-gu, Incheon Metropolitan City.”

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on investigation reporting;

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. In light of the fact that the sentencing of Article 62-2 of the Criminal Act of the Order to Attend the lecture is the same as that of the defendant, and the defendant seems to have committed the crime repeatedly under the influence of alcohol, the defendant is selected to be sentenced to imprisonment, but the victim does not want the punishment against the defendant, the degree of interference with business seems not to be severe, and the degree of interference with business seems to be not severe, and all other factors of sentencing shall be determined

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