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(영문) 춘천지방법원 강릉지원 2016.08.05 2016고단728
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

On May 22, 2016, at around 00:20 on March 2, 2016, the Defendant: (a) taken a trial fee from the restaurant of “D” operated by the Victim C, which was operated by the victim C, on the ground that the Defendant’s former wife E, who worked as an employee, she works with the male president and work at that place; and (b) took a bath to the above E, stating, “hing off weathers, year of waste, knife, knife,” and took a large 40 minutes of the disturbance, and prevented the Defendant from entering the restaurant.

The Defendant interfered with the victim’s restaurant business by force as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. As to the grounds for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter, taking into account the following favorable circumstances), the sentence against the Defendant shall be set and the execution of the sentence shall be suspended, taking into account all the circumstances that form elements for the sentencing, such as the repeated commission of violent crimes by one year and six months prior to the recent one year and six months.

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