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(영문) 수원지방법원 안양지원 2017.11.10 2017고단812
업무방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 18:00 on January 25, 2017, the Defendant returned to the “D” restaurant operated by the Dopo-si B Victim C, with three drinking persons, after entering the restaurant and drinking alcohol and food, and returned to the victim under the influence of alcohol after finding it in the restaurant operated by the Dopo-si B, the Defendant:

D. The Doctrine theory, ", etc.," and the E is also an employee E

China's Round

The victim's business was interfered with the victim's restaurant business by force by avoiding disturbance, such as taking a bath to "Caking year."

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. Protection and observation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations given in the sentencing guidelines] - The basic area (from June to June), the basic area (the decision of sentence) of types 1 (Interference with the business), [the decision of sentence] - Unfavorable circumstances: the same kind of criminal records and two times before and after the same offense, and several times of punishment for violent crimes. - Other favorable circumstances: the defendant appears to reflect in the court when recognizing the crime. - Other circumstances: the background and circumstances after the crime, the defendant's age, sexual behavior, environment, etc.

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