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(영문) 인천지방법원 2014.07.18 2014고단3813
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

From around 04:50 on March 20, 2014 to 05:00 on the same day, the Defendant: (a) was under influence on the part of the victim under the influence of alcohol within the convenience store operated by the victim under the influence of alcohol, and (b) employees D interfered with the victim’s convenience store business by driving away from the victim’s convenience store business by force on the ground that “this is flaging off, knife, knife, and knife, knife, knife, and knife knife knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had been punished for the same kind of crime, it is not good that the defendant committed the crime of this case. However, considering the fact that the defendant led to confession and reflects on the crime of this case, that the defendant agreed with the victim, the degree of interference with the business of this case, the age, character and conduct of the defendant, and circumstances after the crime, the execution of imprisonment with prison labor as ordered by the court shall be sentenced.

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