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(영문) 인천지방법원 2018.12.06 2018고단5756

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

Reasons

Punishment of the crime

On July 27, 2018, from around 13:10 to 14:25 of the same day, the Defendant interfered with the victim’s coffee business by force, such as “E” operated by the victim D in Seo-gu Incheon, under the influence of alcohol to the sofa, so that the victim “E” can be flowed into a sofa, and the victim “E with this fab,” and the erobbbb, e.g., the vehicle in which the erob Bacs are opened several times, thereby preventing customers from entering the said coffee shop.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Application of the witness D’s statutory statement legislation;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendation] of Article 62-2 of the Act on the Protection and observation of the Punishment of Social Service [the scope of punishment] in the field of special mitigation (a person with special mitigation) / [a person with special mitigation] / the degree of power and deceptive scheme, or the degree of interference with business operation is minor, there are several previous instances of penalties (including a serious effort to recover damage) / The decision of sentence is a crime during the period of suspension of execution of the same kind of crime, and a strict punishment is required even if the person has already been punished two times by fine for other crimes during the period of suspension of the execution of the sentence.

However, the defendant is against the defendant, the degree of interference with business is minor, and the victim does not want punishment against the defendant.

Considering the above circumstances, the last sentence shall be imposed in accordance with the disposition.