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(영문) 창원지방법원 2017.10.18 2016고단3443
업무방해
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On July 8, 2016, the Defendant: (a) around 00:40 on July 8, 2016, at the “Enex” where the victim D works in Kimhae-si, Kim Jong-si; (b) on the ground that employees do not see their own demand, he returned to the said establishment; and (c) collected the entire of plastic materials on the studio table, etc., which were located on the 18 studio table; and (d) had his nameless customers go to the table surrounding the stude; (e) had the number of men on the stude going to the stude; and (e) had his employees stop public performance by smugglinging the number of men on the stude going to the stude; and (e) the victim at the entrance of the said establishment calculated the 250,000 won and service was distorted.

Along to approximately 50 minutes of disturbance, such as “Aching to enter the said establishment with a large sound as “Achum,” it interfered with the business of the victim’s age club.

Summary of Evidence

1. Each legal statement of the witness F, G, H, I, J, and K;

1. Statement made by the prosecution against L or M;

1. Each police statement made against M, L, or N;

1. Investigation reports (in relation to suspect A’s E-ray moving her age), investigation reports (in relation to confirmation of any stage distress in A), investigation reports (in relation to confirmation of any stage distress in A), and application of Acts and subordinate statutes to investigation reports (in relation to cans described in A),

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act, including the fact that there are some extenuating circumstances in light of the motive and consequence leading up to the instant crime for sentencing, as well as the means and consequence of the instant crime, the Supreme Court sentencing commission’s sentencing guidelines were set in light of the following: (a) the circumstances after the crime; (b) the Defendant’s age; (c) the Defendant’s sexual conduct; (d) intelligence and environment; and (e) various conditions of sentencing as shown in the arguments and arguments.

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