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(영문) 수원지방법원 안산지원 2018.06.19 2018고단1571
업무방해
Text

A defendant shall be punished by imprisonment for four 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

At around 00:00 on April 22, 2018, the Defendant, without any justifiable reason, obstructed the operation of the restaurant by the victim from around 70 minutes to around 01:11 on the same day by force during the period from around the above day to around 01:11 on the same day, for the following reasons: (a) the Defendant, without any justifiable reason, took a bath to other customers, namely, “a sprink for smoking”; (b) let the said customers take a restaurant; and (c) let the said customers run the restaurant; and (d) the Defendant sprinked the food and the sprinks on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each statute on photographs;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act appears to be the defendant's attitude against the defendant, the agreement with the victim is reached, while the defendant has been 4 times the past five years of punishment of the same kind of fine, and there are not many other punishment records, and the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case are determined by comprehensively taking account of all the conditions of punishment as the order.

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