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(영문) 춘천지방법원 2021.02.15 2020고단1397

업무방해

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

On October 5, 2020, the Defendant, while under the influence of alcohol in the car page in Chuncheon City B, around 21:05, obstructed the victim C (3) who is an employee of the said car page, with a large interest, by refusing to sell it in the car page. As the Defendant was refused to sell it in the car page, the Defendant obstructed the victim’s car page business by force by avoiding disturbance for about 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] interference with the business affairs [the category 1] interference with the business affairs [the factors of special sentencing]: Reduction area of punishment (including the area of recommendation and the scope of the recommended punishment], reduction area of punishment [the scope of the recommended punishment], imprisonment with labor for one month to eight months;

2. When the Defendant was refused to order a tenant who does not sell in the car page under the influence of alcohol, the Defendant interfered with the car page business by placing a glass door in front of the door and committing sound. The nature of the crime is not less than that of the Defendant, and the Defendant has a total of six criminal records of the same kind, including the record of criminal punishment on three occasions for the same crime for the last three years.

However, the fact that the defendant shows the form that the defendant too late reflects his mistake, the degree of interference with business seems to be very important, and the defendant's business owner does not want the punishment against the defendant under a mutual agreement with the owner of the car page stated in the facts of the crime, and it seems that the intention of the victim is also reflected, and the defendant is punished as a penalty.