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(영문) 창원지방법원 거창지원 2016.08.10 2016고단208
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2016, the Defendant, within the “D cafeteria operated by the Victim C in Gyeongnam-gun, Gyeongnam-gun on May 25, 2016” operated by the Victim C around 17:20, and the Defendant, while under the influence of alcohol, she sits on his/her table, so that the victim could stop it, and thereby, he/she “Chewing, she has she has a heavy voice.”

Chewingly, 30 minutes of the disturbance, such as taking a bath, had the customers eating food out of the restaurant, and prevented them from entering the restaurant, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to C of a protocol concerning suspect interrogation of the police;

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 stay of execution (including the fact that the defendant has agreed with the victim);

1. Protection and observation, the community service order under Article 62-2 of the Criminal Act (in light of the background of the instant crime, the attitude of the relevant crime, and the Defendant’s past criminal record, etc., the risk of recidivism is very high, and thus protection and observation and community service to prevent the recidivism of the Defendant and to give the Defendant an opportunity to reflect a serious degree of violation);

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