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(영문) 서울중앙지방법원 2017.11.15 2017고단6367
업무방해
Text

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

Reasons

Punishment of the crime

The Defendant shall, without good cause, abandon the Defendant’s “E” restaurant operated by the victim D in Gwanak-gu in Seoul Special Metropolitan City from September 3, 2017 to September 19:10, 2017, without any justifiable reason, in the state of drinking at the “E” restaurant operated by the victim D in Seoul Special Metropolitan City.

“A man’s hand, who has provided meals on a side table, is unsatisfyed in the kitchen,” such as “Is the brush death from the kitchen to the kitchen,” etc., and continues to do so, is unsatched in F.

“Along with the time limit,” and the head of the group of customers, expressed their desire to see as “Chos, I, Doar, I, and Doar,” thereby obstructing the victim’s restaurant operation by force, such as having the customers move their jobs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (on-site CCTV image analysis), investigation report (to hear statements made by victims D and witnesses);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Grounds for sentencing under Article 314 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The basic area (from June to June) of the sentencing criteria (the scope of the recommended punishment) (the scope of the recommended punishment) shall not interfere with the duties; and

2. According to the rulings of sentence, the sentence of sentence is to be imposed in full view of the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The Defendant had a record of being subject to criminal punishment several times for the same crime, and in particular, the Defendant committed the instant crime without being aware of the fact that he was sentenced to fines twice during the period of suspension of execution of the same crime.

A person who was unable to receive an explanatory note from the injured party.

The extent of the power exercised by the defendant is not much severe.

The defendant is recognized as committing a crime and is against the law.

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