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(영문) 인천지방법원 2015.10.08 2015고단2473

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

"2015 Highest 2473"

1. On April 14, 2015, around 18:30, the Defendant interfered with the victim C’s business, the Defendant interfered with the victim’s convenience store business by: (a) under the “E” convenience store operated by the victim C (here, 47 years of age) of Gyeyang-gu Incheon Gyeyang-do; and (b) preventing the victim from entering the victim’s convenience store by having the victim take a bath, such as “Chewing and the same year of age,” and walking the entrance by walking the string door, etc.; and (c) obstructing the victim’s convenience store business by force for about 20 minutes.

"2015 Highest 4603"

2. On June 24, 2015, at around 10:55, the Defendant: (a) expressed that the victim FF was “HE” operated by Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) that the victim F was able to refrain from entering and leaving horse with respect to an infectious disease(s) recently prevailed by the victim; (c) that the victim was placed on the floor to purchase the catus; and (d) that the victim expressed that “the year and four cats emitted from the horma’s eye have well run”; and (d) that the victim expressed the victim’s desire to “the same year as the catus” to the non-resident visiting the place for about 10 minutes, such as taking the victim’s desire to catate the victim’s business.

Summary of Evidence

"2015 Highest 2473"

1. Defendant's legal statement;

1. C’s protocol of statement of the police station: “2015 high-ranking 4603”;

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a CCTV image closure photograph;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. The reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is interference with business, and the basic area (6 months to one year and six months) [no special person] is concurrent crimes with crimes for which the sentencing guidelines are not set, the lower limit is subject to the sentencing guidelines set in the crime sentencing guidelines set for which the sentencing guidelines are set. The crime of interference with business against the victim C is not set on the basis of the sentencing guidelines set in the instant indictment date.