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(영문) 서울북부지방법원 2018.11.02 2018고단2822
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2018, the Defendant: (a) around 14:30, at the D restaurant operated by the victim C in Seoul Jung-gu, Jung-gu, Seoul; (b) made the victim’s horses that exceed the limit in which the food value was settled by card, and obstructed the victim’s restaurant business by force by avoiding the disturbance, such as why the victim’s eggs were d restaurant, why the food value was in excess of the limit in which it was settled by card; and (c) “after this year, she was in a breac opening at the container while making a bath for the public, and was in a breac in a cafeteria.”

Summary of Evidence

1. Application of Acts and subordinate statutes on site photographs of a written statement prepared by the defendant in his/her legal statement C to a criminal investigation report (the counter telephone investigation of the witness E at the time);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to have recognized the crime of this case; and (b) the fact that the injured person expressed his intention not to punish the Defendant upon agreement with the injured party is favorable to the Defendant; and (c) the Defendant’s age, sex, environment, criminal records, motive and background of the crime, means and consequence of the crime; and (d) the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the instant records and trial process, including the circumstances after the crime, etc.

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