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(영문) 서울남부지방법원 2016.09.12 2016고단3249

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2016, at around 12:00, the Defendant found the victim C in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, into the DNA telecom managed by the victim C, and found the victim's birth E, and requested the victim's protection. However, the victim did not comply with the request. However, the Defendant accused the victim of having the protection.

“E C.C.” H. H. H. H. H. H. H. H. H. H. H. H. T. H. H. T. T. T. H. T. T. T. H. T. T. T. T. T. H. T. T. T. T. H. T

For about 20 minutes, such as sound, customers who want to enter the Moel were unable to enter the Moel for about 20 minutes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (as to the statement of a witness):

1. Application of statutes on site photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Extent of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] interference with business affairs [the special sentencing factors]: Reduction of the punishment base [the area of recommendation and the scope of the recommended punishment], reduction area of the punishment, January to August of the imprisonment.

3. Grounds for suspension of execution [main reasons for consideration] positive: Non-taxation of punishment (general reasons): A person who has been subject to suspension of execution on at least two occasions.

4. A suit seeking to find a sentence for the reason that the defendant found the victim’s East E.

In order to interfere with the business affairs of Maurherbur. The crime of this case was committed on March 17, 2016, which was prior to the crime of this case, and the crime of this case was committed even though it had been investigated by the police, it seems that the act of this case was committed, other than that of this case, and it seems that there was a disturbance, such as finding E several times, and there was a history of criminal punishment for violence crimes.