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(영문) 인천지방법원 2018.02.22 2018고단185
업무방해
Text

A defendant shall be punished by imprisonment for not less than three 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 December 22, 2017, the Defendant 13:30 around December 22, 2017, at the “D” restaurant operated by the Victim C (59 years old) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant 1 puts a horse to customers who are seated in other tables without any justifiable reason, and the victim “I am dead and discarded this dog.”

Before 10 minutes of a disturbance, “Accomponsor,” and the victim’s restaurant business was obstructed by force by failing to enter the said restaurant for about 30 minutes, such as: (a) a misunderstanding gate on the table is placed on the table; (b) a table is tightly sealed; (c) a table is tightly sealed on the floor; (d) a table is carried on inside the said restaurant; and (e) a public stuff is carried on; and (e) a

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning the closure of CCTV images interference with business affairs;

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

1. 【The reason for sentencing under Article 62(1) of the Criminal Act 【the scope of the recommended sentence 【the scope of the recommending punishment - - 8 months] - Special mitigated person: The victim's punishment is not the victim's 【the decision of the sentence 'the decision of the sentence 'the decision of the court 'the continued consent', accumulation of force of violence and lack of control, etc., it is difficult to take the effect of improvement as a fine,

shall be deemed to have been.

However, when a person is punished by confinement, the ability to prevent recidivism is weak or rather likely to be infected by bad morals from prisoners.

Considering the importance of mitigated persons and the support relationship, prudent treatment in society is deemed appropriate.

The punishment for three months shall be determined by imprisonment within the scope of the recommended punishment, but the execution thereof shall be suspended for a period of one year.

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