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(영문) 서울동부지방법원 2020.02.17 2019고단3683
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 October 14, 2019, at around 18:10 on October 14, 2019, the Defendant ordered coffee from the victim C in Gwangjin-gu Seoul Special Metropolitan City, and the E-brops area where D works, and told the victims under the influence of alcohol to “one kisk kisk kisk kisk,” and obstructed the victim’s carpet business by force by avoiding disturbance, such as kisk kisk kisk, kisk kisk, and entering the ckis.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. Application of CD image Acts and subordinate statutes

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] interference with the affairs of [the category 1] interference with the affairs of a person who is a special person] - The elements of mitigation: [the scope of the recommended area and the recommended punishment] mitigation area, reduction area, imprisonment with prison labor for one month to eight months [the general person] - The factors of mitigation: Voluntary reflection [the reasons for suspension of execution] - The important reasons for suspension of execution [the reasons for suspension of execution] - The person who is not subject to punishment - the general pride: contingent crimes, serious reflects.

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;

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