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(영문) 서울중앙지방법원 2017.08.09 2017고단3878

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On May 29, 2017, at around 23:00, the Defendant obstructed the victim’s main business by having the victim D (V, 46 years of age) located in Jung-gu Seoul Special Metropolitan City (E), the main store operated by E, and demanding F (V, 25 years of age), the customer F (V, e.g., the customer) to be drunk and drinking only from F, thereby hindering the victim’s main business by force.

2. Special assaulting the Defendant committed assault, at the above date, at the above time and at the above place, such as fluoring seven beer diseases, which are dangerous objects on the floor, fluoring the victim F who was nearby, thereby protruding a free fluoring.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes on CDs and caps;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 261 and 260(1) (the point of special violence) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The scope of punishment by law: Imprisonment with prison labor for one month and seven years and six months; and

2. Application of the sentencing criteria;

(a) Determination on the type of special assault crime 1) : The scope of the recommended area and the recommended range of punishment where the degree of assault is minor: the mitigated area, February, 1 and February (special adjustment that reduces a minimum of 1/2) in the mitigated area, 2 months and 1 year and 2 months (the minimum of the sentencing range in the mitigated area);

(b) Determination 1) Type of interference with business: Persons who are subject to special sentencing (2) : The area of recommendation and the scope of recommended punishment (3) : Imprisonment with prison labor for one month and eight months.

(c) Scope of recommending punishment as a result of handling multiple crimes: Imprisonment with prison labor for two months and one year and six months.

3. Normal circumstances favorable to the determination of sentence: The number of records of crimes committed in favor of the confession, reflectivity, agreement and punishment; and