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(영문) 인천지방법원 2016.08.26 2016고단4883

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 7, 2016, at around 03:00, the Defendant interfered with the business of the victim’s main business by force by avoiding disturbance, such as: (a) intending to go to the table table in the victim D (n, 27 years of age) located in Bupyeong-gu Incheon, Incheon; (b) however, (c) the employee F, intended to go to the F in a large voice among other customers, and (d) tightly talked with the F in his/her hands, thereby simultaneously harming the victim’s main business by force.

2. The Defendant assaulted the victim by breaking the shoulder of the victim F (the age of 23) at the above date, time, and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes on the closure of a crime;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Interference with business [the scope of recommended punishment] No. 1 category (Interference with business) shall be the basic area (6 months to 1 year and 6 months) (the person who is subject to special sentencing).

B. Violence [Scope of Recommendation] Nos. 1 (General Assaults) and the basic area (from February to October) (no person who is subject to special sentencing)

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. The decision of sentence is contrary to the fact that the defendant is recognized to commit a crime, and the extent of tangible power he exercises is very serious;

In full view of the facts that it is difficult to see, as well as the Defendant’s age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all the conditions of sentencing as mentioned above, such as the records of the instant case and the changes thereof shall be determined.