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(영문) 의정부지방법원 2016.11.17 2016고단4303
업무방해
Text

A defendant shall be punished by imprisonment for four months.

except that 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

At around 20:50 on September 5, 2016, the Defendant: (a) ordered mixedly 3 soldiers to have telephone conversationsd at the D main points operated by the Victim C (Y, 22 years of age) of Gyeonggi-gun B and 2, and took telephone conversations; (b) took a bath for customers who drink drinking at the relevant place, and obstructed the victim’s main business operation for about 20 minutes by force, by putting the table knick, keeping the knick, preventing the customers who were in the relevant place from entering the said place from entering the said place; and (c) preventing them from entering the said place.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A list of 112 reported cases where the suspect reported;

1. A list of 112 reported cases reported by the suspect;

1. Application of the Acts and subordinate statutes to report on investigation (in case of attaching photographs of closed circuit TVs at the site);

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that there are many criminal records who were punished for violent crimes, such as obstruction of business, etc., and that there are no circumstances for agreement or damage restoration: The confessions and reflects of the instant crimes; the Defendant committed the instant crimes in contingency under the influence of alcohol; and other reasons such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crimes, and the situation after the commission of the crime, etc., are above the factors for sentencing as prescribed in each subparagraph of Article 51 of the Criminal Act; and

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