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(영문) 수원지방법원 안양지원 2015.12.29 2015고단1692

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant sentenced the Suwon District Court to one year for the obstruction of performance of official duties, etc., and completed the execution of the sentence in the Ansan Prison on January 2, 2014.

From August 2015, the Defendant requested correction several times to the victim E, who is the business owner of the "D fireworks House" located in Ansan-gu, Jeonyang-si, and displayed outside the flowers to interfere with the passage of the players. However, the victim was able to have a strong objection against the victim who did not come to this.

At around 12:30 on October 28, 2015, when the victim continued to display the fireworks at the outside of the place, the Defendant: (a) opened the fireworks house entrance, and expressed the victim “Chewingly, trimm”; (b) moved in two fireworks located outside the fireworks house, and (c) started from November 7, 2015, the Defendant interfered with the victim’s fireworks business by force over seven occasions, such as the list of crimes, until November 7, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Each written statement of E and G preparation;

1. Previous convictions indicated in judgment: The application of criminal records, investigation reports (written judgments and attachment of indictments), care assistance 2013Kadan59, 2013Ma2768, 2013No2768, 2013Do12749, 20749, and Acts and subordinate statutes concerning personal identification and confinement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations: Imprisonment for up to six months and imprisonment for up to two years; and

(a) Type 1 (Interference with Business) and category 2 (In June to June) of the basic area (in June to June), no person who has been specially punished;

(b) Type 1 (Interference with Business) and category 2 (In June to June) of the basic area (in June to June), there is no special person.

(c) interference with one's duty to commit a third-party crime.