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(영문) 서울남부지방법원 2018.11.22 2018고단1556

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 1:35 on March 25, 2018, the Defendant interfered with the victim’s restaurant business for about one hour by force, such as being under the influence of the victim’s restaurant’s restaurant with the victim D (n, 52 years of age) on the floor of the Gangseo-gu Seoul Metropolitan Government 1st floor and taking a bath with the victim under the influence of alcohol.

On August 19, 2018, the Defendant: (a) around 23:5 on August 19, 2018, the 2018 Gochro 4807, the Defendant removed a traffic guidance sign of "Yekkin Carpet", which is managed by the transportation division of the Gangseo-gu, Gangseo-gu, Seoul, in order to help children walk safely, from the front side of the Gangseo-gu, Gangseo-gu, Seoul, which was located in the territory of the Republic of Korea.

Summary of Evidence

"2018 Highest 1556"

1. Statement by the defendant in court;

1. A written statement of F and D;

1. A report on investigation (a testimony of a witnessF witness) 2018 Highest 4807;

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Application of Acts and subordinate statutes to the investigation report (written estimate submission), written estimate, and photograph of damaged objects;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the final sentence due to the increase of multiple offenses for which the basic area (referring to the scope of a recommendation) of crimes No. 1 (referring to six months to one year and six months), the basic area (referring to interference with the performance of public duties) (referring to the scope of a recommendation) of crimes No. 2 (Interference with the performance of public duties), the basic area (referring to six months to one year and six months), the basic area (referring to the invalidation of public goods), (referring to the invalidation of six months and one year and six months) of the sentencing guidelines applicable to the sentencing guidelines (referring to the scope of a recommendation), no person who is subject to special sentencing: six months to two years;

2. The sentencing conditions indicated in the records, such as the defendant's age, sex, family relation, motive, means and result of the crime, following the decision of sentence, are the sentencing conditions.