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Reasons
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(영문) 인천지방법원 2016.11.24 2016고단6620
업무방해
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 21:00 on September 29, 2016, the Defendant heard from the victim the phrase “D” restaurant operated by the victim C, which is located in the Nam-gu Incheon Metropolitan City, that “I am under the influence of alcohol and smoke in front of the door, I am sing off tobacco at this place,” which read “I am off, I am swe swe swe swe swe swe swe swe swe swe swe s we swe s we s we s we swe s we s we s we s we s we s we s we s we s we s we swe s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s we s

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Reduction area (one month to eight months) (special mitigation area) of mitigation area (special mitigation area) shall not be subject to the application of the sentencing criteria (the scope of recommending punishment) and interference with business;

2. In full view of the fact that the Defendant, who had been sentenced several times of punishment for the same kind of crime, committed again the instant crime; the fact that an agreement has been made with the victim; the Defendant’s age, occupation, character and conduct, environment; the process and motive leading to the instant crime; and the circumstances before and after the instant crime, etc., the sentence like the order shall be determined in the same manner as the order

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