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(영문) 인천지방법원 부천지원 2016.05.16 2016고단823

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

[Criminal Records] On April 22, 2016, the Defendant was sentenced to a suspended sentence of one year for four months of imprisonment with prison labor due to an injury in the Busan District Court’s Vice-Support, etc., and the judgment became final and conclusive on the 30th day of the same month.

[2] On April 4, 2016, the Defendant was refused to pay accommodation expenses to the victim’s account transfer at the “DMoel” managed by the victim C, the Young-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which was around 02:30 on April 4, 2016.

The Republic of Korea has been for more than five years and the President has been aware of the Republic of Korea, and the Republic of Korea has been aware of the Republic of Korea;

Dr. At night, a string brush brush brush, brushed a computer monitor installed in a camera in his/her hand, and brush the floor by pushing the brush and cutting the brush.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs and CCTV photographs;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of concurrent crimes after Article 37 of the Criminal Act);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

3. The sentence shall be determined as ordered in light of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is against the Defendant’s mistake; (b) the degree of interference with business is minor; and (c) the instant case is in the relation of concurrent crimes after Article 37 of the Criminal Act with the case for which the judgment became final and conclusive;