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(영문) 광주지방법원목포지원 2020.09.22 2019고단1069

업무방해

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced to a fine of three million won for the crime of interference with business in the Yeongdeungpo Branch of the Gwangju District Court on April 30, 2019, and was dismissed on January 22, 2020, and the said judgment became final and conclusive on January 30, 2020.

Criminal facts

At around 20:30 on August 26, 2019, the Defendant visited the victim B in a drunken state, and did not calculate one illness in a breath who was in a breath in a breath, and did so to the victim and its customers, without calculating one disease in a breath in a breath place. After drinking, the Defendant continued to engage in b0 minutes, such as smoking tobacco before the customer center.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. B written statements;

1. Application of investigation reports, investigation reports, statements of reference, etc., and Acts and subordinate statutes related to the case;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, probation (limited to the second offense during the period of the same kind of criminal defendant, suspension of execution for a crime of interference with business, and the second sentence after a final judgment of the court of first instance as a result of the final judgment of the crime of interference with business, which is considered as