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(영문) 서울남부지방법원 2016.08.19 2016고단2924

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 10, 2016, from around 20:50 to 21:20 of the same day, the Defendant: (a) in the E restaurant where the victim D working for the victim D with C1 floor in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, without any justifiable reason; and (b) the Defendant “Sagle Ma-to-Sato-Sato-Sato-Sato-Sato-Sato-Sa to-k

F. The Doctrine expressed that F.O. would be called “the telephone damage” and obstructed the victim’s restaurant business by force over about 30 minutes, such as allowing customers who f.o.b. in the restaurant by avoiding disturbance to get a meal in the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on investigation (related to submission of a written agreement) and the application of Acts and subordinate statutes of the written agreement;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of the punishment [the scope of the recommended punishment] from January to August of the scope of the recommended punishment [the scope of the business] and the scope of the business interference [the person subject to special sentencing] mitigated factors (the person subject to special sentencing] [the scope of the recommended punishment]; and

2. Circumstances disadvantageous to the determination of sentence: The circumstances that are favorable in light of the behavior and degree of interference with duties: The victim expressed his/her will to the preference against the defendant by agreement with the victim; there is no record of criminal punishment exceeding the fine; the above circumstances and motive leading up to the crime of this case; the extent and consequence of the damage; the circumstances after the crime of this case; the records of the defendant's past punishment after the crime of this case; the defendant's age, sex behavior, environment, family relationship, and other various circumstances which form the conditions for sentencing as shown in the records and arguments of this case, shall be determined as the sentence of this case.