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(영문) 서울남부지방법원 2016.09.12 2016고단1620
업무방해
Text

A defendant shall be punished by imprisonment for six 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 March 16, 2016, at around 16:50, the Defendant’s “D cafeteria” operated by the Victim C (L, 66 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, on the ground that he does not reduce the drinking value while drinking alcohol, and on the ground that he does not have the drinking value reduced, the Defendant’s “inception” is not a le

C. “C.S.” The victim’s restaurant business operation was obstructed by force for about 30 minutes, such as avoiding the disturbance, and taking other customers a bath, and avoiding the disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the investigation report (pacter E phone search);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that there is no interference (the area of recommendation and the scope of the recommended punishment] with the business of interfering with the business, and the basic area of the recommended punishment [the scope of the recommended punishment], six months to one year and six months.

3. Reasons for the suspension of execution [major reasons for the suspension of execution] negative reasons: In the same criminal records (not more than five years, not more than five years, or not less than three times) (the reasons for the suspension of execution or not less than three times): The positive results.

4. The Defendant was sentenced to punishment several times due to a prior crime of obstructing official duties and obstructing official duties, and the Defendant again committed the instant crime even though he/she was sentenced to a suspended sentence for four months on September 3, 2014 by obstructing official duties and the sentence became final and conclusive around that time, it is not good that the Defendant committed the instant crime.

However, it is required that the defendant should not make a confession of mistake and re-infusing it.

In addition, the execution of imprisonment is suspended by comprehensively taking account of the sentencing conditions as shown in the records and changes, but it is decided as ordered by ordering the community service order and the observation of protection.

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