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(영문) 서울북부지방법원 2018.07.13 2017고단1983
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 22, 2016, around 21:30 on September 2, 2016, the Defendant interfered with the business of the victimized person’s above head office by force by having the injured person go to the said head office by avoiding the Defendant’s wall, on the ground that he was deprived of the Defendant’s wall’s cream.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Protocols of examination of witnesses C;

1. Application of Acts and subordinate statutes in writing C;

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 Social Service Order Criminal Act include: (a) the Defendant was found in the head office operated by the victimized person and did not have had the record of destroying property or having been punished for attempted fire prevention even though he had had had the record of committing the instant crime; and (b) the Defendant’s age, sex, criminal conduct, environment, motive, means and consequence of the instant crime; and (c) the various sentencing conditions in the process of the instant case, including the circumstances after the commission of the crime, etc., shall be comprehensively considered and determined as ordered.

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