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(영문) 인천지방법원 2016.10.20 2016고단5829
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, 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 00:20 on May 2, 2016, the Defendant, while drinking alcohol at the Incheon Gyeyang-gu Incheon Metropolitan City’s drinking house, was blicking and slicking, and the victim E (the 48 years of age) who is the business owner of the above business establishment, said E (the 48 years of age) told the Defendant that he would be blicking, the Defendant and flicking the victim of the same year and flive flive flive flive flive flives of the flive flive flives of the flive flives of the flive flives of the flive flives of the flive flives of the flive flives of the flive flives of the flive flive fl

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall interfere with the business affairs, and the mitigation area (one month to eight months) (including specially mitigated persons) shall not be subject to punishment (including serious efforts to recover damage);

2. Determination of sentence has a record of criminal punishment not only over 11 times due to violent crimes, etc., but also has the record of being punished for the same kind of crime, etc., considering the favorable circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the circumstances favorable to the victim.

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