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(영문) 인천지방법원 2017.10.26 2017고단6462

업무방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On August 25, 2017, at around 02:30 on August 25, 2017, the Defendant provided a bath to the victim D, an employee of the Defendant, without any justifiable reason, at the “C convenience store located in Bupyeong-gu Incheon Metropolitan Government B, and at least three Co., Ltd., who were under cooling.

The victim's convenience store management duty was obstructed by force for about one hour and 30 minutes, such as leaving the road front of the convenience store.

2. On September 22, 2017, around 09:04, the Defendant took a bath to the victim D (22 taxes) “Chewing” while under the influence of alcohol in front of the convenience store in Bupyeong-gu Incheon, Incheon at a convenience store B, and said, the Defendant would not take the victim’s bath.

The defect caused violence to the victim's body by brush 2 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Application of Acts and subordinate statutes to photographs of the scene of interference with business affairs and CCTV images of convenience stores;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Where the degree of assault (a person subject to special mitigation) in the mitigated area (one month to eight months) (a person subject to special mitigation) is insignificant (Article 1, 6, and 7) for first-class assault (a person subject to limited mitigation) (a person subject to limited mitigation);

2. Where the scope of the mitigation area (one month to eight months) (special mitigation persons), the degree of the threat of force, deceptive scheme, or the degree of the obstruction of business, is insignificant, for the second crime (the scope of recommended punishment) (the scope of business obstruction).

3. The scope of final sentence due to the aggravation of multiple offenses: one month to one year.

4. Unless agreed with the victim who was sentenced to the sentence and several previous convictions or dispositions of the same kind. However, as seen in the above person who was sentenced to the sentence, the extent of violence or interference with business is insignificant, the defendant is against himself, contingent crimes, motive and circumstances for the crime, the health of the defendant, sexual conduct, environment, etc.