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(영문) 서울북부지방법원 2016.11.29 2016고단4456

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2016, the Defendant: (a) around 03:15, 2016, at the D KY practice room operated by the victim C, in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (b) opened a singing practice room; (c) opened the other visits; (d) opened the singing practice room; and (e) provided the customers with the corridor that he did not guide him as a room; and (e) provided the customers with the corridor that they would be “scams” on the corridor; (e) walking the chemical part; and (e) laid off the Kabter goods for about 2 hours and 30 minutes; and (e) laid off the Kabter goods.

Accordingly, the Defendant interfered with the victim's practice of singing practice room business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Each statement of E, C, and F;

1. Sing machines and photographs;

1. Investigation report (to listen to statements by shotly telephone);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations (the scope of recommendations) on the sentencing criteria shall be limited to the category 1 (Interference with Business) (one month to eight months) and the area of mitigation (including special mitigation) of punishment (including serious efforts to recover damage).

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant divided his own crime from the prosecution investigation stage to this court, and reflects his own crime; and the victim C's written agreement stating his intention not to punish is submitted to this court after the prosecution is instituted: The circumstances leading to the crime of this case; circumstances after the crime of this case; and the defendant has five times the history of criminal punishment for the crime of interference with business from 2013 to 2015.