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(영문) 수원지방법원 2017.09.22 2017고단1347 (1)

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 became final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 2752"

1. On February 22, 2017, the Defendant and C ordered the Victim E’s “F main store” operated by the Victim E in Suwon-si, Suwon-si, Suwon-si, the Defendant and C ordered the Defendant to pay the drinking value, despite the absence of the intent or ability to pay the drinking value, the Defendant and C ordered the Defendant to pay the drinking value of KRW 55,00 in total to the victim KRW 3 Byung, 4 Byung, and alan.

As a result, the Defendant conspired with C to deceiving the victim and received property from the injured party.

2. The Defendant and C, at the time and place set forth in the foregoing paragraph 1, was unable to enter the premises by avoiding disturbance, such as going through a tight and pushed-down, and cutting off the tables at that place.

Accordingly, the defendant conspired with C to interfere with the main business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Statement protocol by the police for E;

1. Each investigation report (any change in the victim's currency, alcohol value, etc.);

1. Application of Acts and subordinate statutes governing simplified receipts and sales report certificates;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (Confession, radius, and minor sentencing) / [crime of fraud] In the mitigated area (one year, damage recovery), category 1 (a crime of less than 100 million won) (a crime of interference with business] [a crime of interference with business] [a case where the degree of interference with business is minor] and the reduced area (eight months, eight months, and the degree of interference with business] [the scope of recommended punishment] - One year and four months (one-2 of the upper limit of the recommended sentence for interference with business within the limit of the sentence for recommending punishment for fraud of basic criminal)