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(영문) 인천지방법원 부천지원 2018.01.12 2017고단2435
업무방해
Text

A defendant shall be punished by imprisonment for six 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

The defendant is divorced from the victim B (52).

At around 17:50 on August 20, 2017, the Defendant found in the state of being drunk in the D cosmetic operated by the Victim C, and had customers, without any justifiable reason, obstructed the victim’s duties by force over about 20 minutes, such as “the breathing year, she died due to the collapse of her arm’s body,” and smoking the disturbance, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on investigation reports;

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

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act include: (a) considering the favorable circumstances, such as the fact that the Defendant committed the instant crime in spite of the fact that the Defendant had been punished five times or more as a crime interfering with the duties of a divorced victim; (b) the fact that the Defendant did not reach an agreement with the victim; and (c) taking into account the fact that the Defendant’s mistake is against the Defendant; and (d) the fact that the Defendant has no record of punishment exceeding the fine, the sentence like

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