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(영문) 서울북부지방법원 2017.02.08 2016고단4627
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2016, around 22:10 on September 22, 2016, the Defendant obstructed the victim’s main business by force by avoiding disturbance for about 10 minutes, including the following: (a) the main point of the operation of the victim C (57 tax) located in Dobong-gu Seoul Metropolitan Government B and 6 stories; (b) the Defendant d’s daily operation and drinking and waiting for a singing session, and then the Defendant d’s operation of the victim’s main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Relevant Article 314 (1) of the Criminal Act concerning the crime and Article 314 (1) of the same Act concerning the choice of punishment;

1. A person whose sentencing under Article 62(1) of the Act on the Suspension of Execution is one-month of the basic aggravated duty for the mitigation of types of punishment: A sentence of recommending the special sentencing guidelines from January to June 1 to June 1 to June 3: A sentence of recommending the mitigation factors (unlimited to punishment): A sentence of recommending general sentencing in the mitigation area (one to eight years from January): A sentence of suspending execution for April: A sentence of restricting execution for a period of one-year imprisonment for a period of two years: A person whose imprisonment for a period of four months and a suspended execution for a period of two years: A confession, minor confession, victim’s non-prosecution of punishment, etc.;

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