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(영문) 서울남부지방법원 2018.06.26 2018고단1773
업무방해
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2018, around 18:15, the Defendant would not sell alcoholic beverages from the injured party “D” operated by the injured party C in Yeongdeungpo-gu Seoul Metropolitan Government.

“Along with the word “I”, I would like to see the word “I would like to see the victim by drinking, and would like to see the victim by drinking, and make the disturbance to the floor on the floor with plastic tablers, thereby obstructing the operation of the restaurant by force of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business and Selection of Imprisonment with prison labor);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant’s act of obstructing the Defendant’s business is not somewhat weak, and that the Defendant’s act of obstructing the Defendant’s business is committed repeatedly is an unfavorable sentencing factor.

However, it shall be considered as a favorable sentencing factor to the fact that the defendant has agreed smoothly with the victim, and that the defendant lives while drinking with the victim.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be determined as ordered by considering all the circumstances.

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