업무방해
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
The Defendant was sentenced to two years of suspension of execution on January 28, 2016 by the Seoul Central District Court for interference with business affairs on January 28, 2016, and the judgment became final and conclusive on February 5, 2016, and is currently under suspension of execution. On November 10, 2017, the said judgment became final and conclusive on November 18, 2017, by being sentenced to four months of imprisonment for an indecent act committed by the same court.
On April 1, 2016, the Defendant, at the main point of “E” operated by the Victim D (Nam, 39 years of age) located in Gwanak-gu, Seoul Special Metropolitan City, reported by the injured party due to the crime, and was punished by a fine due to the crime of interference with business affairs on June 23, 2016.
On October 11, 2017, around 04:58, the Defendant entered the “E” main points of the victim’s operation in Gwanak-gu in Seoul Special Metropolitan City(Seoul Special Metropolitan City), and the victim has lived at the inside room to interfere with business.
v. N. K. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H.
As such, the Defendant interfered with the management of the victim's main points by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Previous records: A reply to inquiry, such as criminal records, each criminal investigation report (Attachment report attached to the judgment of the same kind as the defendant, the sentence of the defendant, and the confirmation of detention in the court), each written judgment, and application of each summary order;
1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;
1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing of Article 39(1) of the Criminal Act is that the crime of this case does not know himself/herself during the period of suspension of execution due to the same kind of crime, and it is inevitable to punish him/her again by force.
However, the defendant's age, sex, criminal records, and crimes, such as the fact that the defendant is led to confession and reflect, the fact that there is no much emphasis on equality in the case of judgment, and the degree of interference with the execution of duties, at the same time as the crime of indecent conduct that has been finally decided.