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(영문) 서울북부지방법원 2016.8.25.선고 2016고단2844 판결

업무방해

Cases

2016 Highest 2844 Business Interference

Defendant

A person shall be appointed.

Prosecutor

OO (prosecutions) andOO (Public trial)

Defense Counsel

Attorney ○○○ (Non Line)

Imposition of Judgment

August 25, 2016

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Criminal History Office

On October 8, 2009, the Defendant was sentenced to one year of imprisonment for assault or bodily injury by the Seoul Northern District Court, and was released on June 30, 2010 in the Ansan Prison on parole on the execution of the sentence, and the parole period expired on August 9, 2010.

On September 2010, the Defendant: (a) demanded the victim Lee ○○, who had been in delivery service, to demand the payment of liquor continuously; (b) obstructed the victim’s delivery service by force by means of damaging the victim’s flood wheels; and (c) obstructed the victim’s delivery service by force from September 17, 2014 to September 11, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of this ○○○ and ○○○○’s written statement, each of the police’s written statement about ○○○, Kim○, and ○○○

1. A written statement of ○○;

1. A statement on criminal records, etc., and a criminal investigation report (precluding repeated crimes and a report on confirmation);

Application of Statutes

1. Article applicable to criminal facts;

Article 314(1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

The reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act: Crimes that interfere with business;

○ Recommendations: Imprisonment of up to six months - one year and six months (the basic territory);

○ Sentencing elements

- General Aggravations: Cumulative Offense

○ Determination of sentence

The punishment shall be determined in consideration of the fact that the defendant misjudgments the defendant, but the peace of the victims have been seriously harmed for a long time.

Judges

Judges Habcheon-cheon

Site of separate sheet

A person shall be appointed.