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(영문) 인천지방법원 2020.10.13 2020고단7978

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Since there is no disadvantage in exercising the defendant's right to defense against the defendant, the above facts of confirmation of the above judgment ex officio without any changes in indictment (see the Incheon District Court Decision 2020 High Court Decision 2020 High Court Decision 5941, the results of the Konet case search) are recognized as concurrent crimes of Article 37 of the Criminal Act

On September 10, 2020, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment with labor at the Incheon District Court for the crime of interference with business, and the judgment was finalized on September 18, 2020.

2. Around 00:20 on August 21, 2020, the Defendant interfered with the operation of convenience stores by force over about 10 minutes, such as the victim C, who is in Bupyeong-gu, Incheon, Bupyeong-gu, and the victim’s request for the calculation.

Summary of Evidence

1. Defendant's legal statement;

1. CCTV images and recording files in C’s written statements;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a report on investigation (in the absence of trial of a suspect), a copy of indictment

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Circumstances that are disadvantageous to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following reasons for sentencing): The liability for the crime is not weak in light of the circumstances and methods of the crime.

There are several records of punishment for the same crime.

A favorable circumstances: The defendant recognizes a crime.

The agreement was reached with the victim.

The crime of this case is a concurrent crime between the crime for which judgment has become final and the latter part of Article 37 of the Criminal Act and the crime of this case.

The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.