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(영문) 서울동부지방법원 2016.06.23 2016고단791

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On January 31, 2016, at D located in Songpa-gu Seoul on January 31, 2016, the Defendant purchased more than 5 scamblings from the above mate and two scamblings from the above mate, and then, to the victim E who is the above mate employee “(scambing into the small scam bag, and selling these things?”

“A claim is made”, and the victim is entitled to return the goods if there is a problem.

“In the end, it interfered with the management of Mat of the said injured party over about 30 minutes, such as the fall of the jus and the bags containing the land of small cities, which were placed on the calculating stand while taking a bath at the end of the string.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 314 of the Criminal Act, Article 314 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing of sentence of a crime;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for a period of one month to eight months, and the reduction area (Interference with duties) for a mitigated area (one month to eight months) - Special mitigated persons: No penalty shall be imposed;

2. The fact that the defendant in the decision of sentencing does not want punishment by mutual consent with the victim, and that the crime was recognized on the date of the second public trial is favorable to the defendant.

However, the defendant was sentenced to criminal punishment (the actual punishment, the suspended execution, and the fine) for violence crimes in addition to special robbery crimes. On September 9, 2015, the defendant was sentenced to the suspended execution for 4 months by the Seoul Eastern District Court, which was sentenced to the suspended execution on November 10, 2015, and the judgment became final and conclusive on November 10, 2015, and was still under the suspended execution, and was therefore under the control of the same kind of crime.

On August 17, 2012, the Seoul Eastern District Court was sentenced to a fine of KRW 700,000 as a fine for the crime of assault and bodily injury while being tried to interfere with the above business, and on August 17, 2012, was sentenced to a suspended sentence of eight years for the crime of bodily injury, and was sentenced to a fine of KRW 1 million for the crime of bodily injury.