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(영문) 광주지방법원 2018.10.25 2018고단2335
업무방해등
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

Punishment of the crime

1. On May 26, 2018, at around 18:50, the Defendant interfered with the operation of the Victim C in Gwangju-dong-gu, Gwangju-gu, the Defendant interfered with the operation of the said restaurant by force, such as: (a) under the influence of force, the Defendant 40-minutes of the damaged person’s 40-minutes of the instant restaurant, carried out the cupped cups containing water to other customers in the restaurant while under the influence of alcohol; (b) broken off the glass, and throwing the chairs on other tables.

2. The Defendant, at the time, at the time, at the place under the preceding paragraph, and at the time, at the time, at the place, and at the place, and at the time, at the victim guard F, a police box affiliated with the Gwangju East Police Station E box of the Dong Police Station of Gwangju, and at the place where approximately four members of the restaurant employees and the customers are located, insulting the victims by openly insulting the victims by providing the knife knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement of C and H;

1. Complaint;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of interference with business) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (joint crimes of insult);

1. Selection of each sentence of imprisonment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for each crime) of the aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are not good, and the defendant’s criminal records are considered.

The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the aforementioned circumstances, the fact that the defendant is led to the crime, the fact that there is no criminal conviction exceeding the fine, the fact that the crime of this case occurred by contingency, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive for the crime, and the circumstances

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