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(영문) 대전지방법원 2017.03.15 2016고단3913

업무방해등

Text

A person shall be punished by imprisonment with prison labor for not more than two months, and for not less than three or four months, with prison labor for a crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

[criminal record] On January 14, 2016, the Defendant was sentenced to four months of imprisonment for fraud at the Daejeon District Court, and was released on May 11, 2016 as a ruling of revocation of detention while the appeal and the appellate trial were pending, and the decision of dismissal of appeal became final and conclusive on December 1, 2016, and the execution of the sentence was terminated on the date when the said judgment became final and conclusive.

The execution of a sentence is premised on the final judgment (Article 84(1) of the Criminal Act, Article 459 of the Criminal Procedure Act), and the execution of a sentence does not immediately mean the execution of a sentence. Thus, the defendant was released from the custody on May 11, 2016.

Even if the execution of punishment is completed, it can not be said that it is the termination of execution of punishment.

The term of the defendant's term of punishment shall be calculated from December 1, 2016, when the Supreme Court makes a decision to dismiss the defendant's appeal, and the written decision is served on the defendant, and the first instance judgment against the defendant becomes final and conclusive.

However, since the above judgment does not have any further sentence to be executed on the day when the above judgment became final and conclusive, it should be deemed that the above judgment is final and conclusive and its execution is terminated simultaneously.

[Criminal facts]

1. Interference with C’s business (hereinafter “2016 Highest 3913”), the Defendant: (a) was drunk on October 31, 2016 at a E-cafeteria operated by the victim C (46 older) in Seo-gu Daejeon on the 31st of October 2016; (b) found his/her personal telephone, and found him/her a large voice; and (c) laid down a large voice.

"Alongly sound and studing the cupped World Cup and pedagoging, thereby obstructing the victim's legitimate restaurant business by force.

2. Fraud against F (hereinafter “F”) around September 13, 2016, at around 04:45, the Defendant: (a) received orders from the victim F in Daejeon-dong, Daejeon-gu, to pay the alcohol value without any intent or ability to pay the alcohol value; (b) obtained orders from the victim one set of two weeks equivalent to KRW 190,000 from the victim; and (c) obtained 225,000,000 from the victim by providing two weeks from the victim.

3. Fraud to I (hereinafter referred to as "2016 Highest 4657"), the Defendant, on December 4, 2016, is the Daejeon Daejeon Daejeon-gu.