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(영문) 서울중앙지방법원 2017.07.14 2017고단3180
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 7, 2017, from around 01:50 to around 02:20, the Defendant got the Defendant under the influence of alcohol in the Esing room operated by the victim C2 in Jung-gu Seoul, Jung-gu, Seoul, on the ground that he was aware of the Defendant, he was a customer with the other customers who would run the instant singing room business. He saw the victim as his hand, who was his husband, and continuously took the face of the F, and caused the victim to go against the disturbance, thereby obstructing the Defendant from running the Defendant’s singing room business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation);

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

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) the sentencing guidelines [the scope of recommendation] for sentencing under Article 62(1) of the Criminal Act; (b) the sentencing guidelines [the scope of recommendation] shall interfere with the affairs; (c) there are no criminal records in excess of the fine, even though the defendant had the same criminal records to decide on the person who is subject to special sentencing (in the area of mitigation of duties) and has no criminal records; (d) the victims' grounds for punishing them; and (e) the victims' circumstances, attitudes, circumstances after the crime in this case, the defendant's age, sexual behavior, environment, etc. are considered.

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