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(영문) 서울중앙지방법원 2018.05.18 2018고단1471

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 15, 2017, the Defendant assaulted the victim’s face at one time on the ground that the victim C (26 years) in Gangnam-gu around December 15, 2017, at the D convenience store where the victim C (26 years of age) works for the victim C (26 years of age), the customer was uncomponed.

2. The Defendant interfered with the duties of the Defendant, by force, interfered with the victim C’s convenience store business and management by force, by assaulting the victim, such as the date and time set forth in the preceding paragraph, and on the same grounds as mentioned in the preceding paragraph, assaulting the victim as described in the preceding paragraph, and destroying gamscicks, leaving one customer out of the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV images at convenience points);

1. Article 314 (1) and Article 260 (1) of the Criminal Act (the point of interference with business) against the crime and the selection of imprisonment with prison labor for each case;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of the final sentence due to the aggravation of multiple offenses for which the reason for sentencing under Article 62-2 of the Social Service Order Act is as follows: (a) a crime of assault [the scope of recommended punishment] committed in the basic area (two months to ten months) [the scope of recommended punishment] that there is no person subject to special sentencing]; (b) a crime of assault [the scope of recommended punishment] (the scope of business interference) committed in the basic area (six months to one year and six months] (the scope of recommended punishment]; (c) there is no person subject to special sentencing]: six months to one year; and (d) November [the decision of sentenced punishment] committed in six months [the defendant] was sentenced to three years of imprisonment with prison labor for a crime of violence; and (d) six months of imprisonment with prison labor for a crime of violence; and (e) several years of fines.

There was no agreement with the victim.

However, the defendant's age, sex, environment, motive and result of the crime, and all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined by comprehensively taking into account the following factors.